The impugned award dated 31.1.2018 passed by the Motor Accident Claims Tribunal, San Jose is erroneous and against the facts of the case. The MACT has lost site of the evidence on record, while deciding present case and has granted palpably low compensation to the family of the Non Resident Indians (NRI) represented deceased in the case in hand. The impugned order is based on conjecture and surmises and is liable to be modified and the compensation is liable to be enhanced to the amount as claimed in the original claim petition.

The MACT, San Jose has erred in law in applying multiplier on a lower side in the case in hand. The multiplier of 11 has been applied whereas looking of the young age of the deceased atleast multiplier of 18 was to be applied; that it is settled proposition of law that the award is to be passed according to the age of the Non Resident Indians (NRI) and the multiplier is to be applied according to the age of the deceased and not according to the age of the claimants.

There were 2 dependent in the family of the Non Resident Indians (NRI) and by applying the unit method, the MACT was required to deduct only 1/3rd of the total amount on account of personal expenses while calculating the amount of the compensation, but same has not been done and 1/3rd of the amount has been deducted on account of the personal expenses which is on higher side.

The income of the deceased has been taken on the lower side. The Non Resident Indians (NRI) was working as a Pharmacist and his certificate in this regard is annexed herewith as Annexure A/1 and his interview card for the post of pharmacist is annexed herewith as Annexure A/2. The deceased was working at a shop and was earning Rs.15,000/- per month. The certificate annexure A/1 and A/2 could not be produced before the trial court as the appellants were under the Trauma due to death of deceased and they were solely dependent for their date to day work on deceased. The income of deceased was Rs.15,000/- per month.

The MACT has failed to grant adequate rate of interest. The rate of interest granted is on lower side. The MACT was required to grant interest @ atleast 9% per annum. The amount granted on account of loss of consortium, loss of estate and funeral expenses is also on lower side only Rs.10,000/- has been granted on these score which is on lower side. Nothing has been granted for the hospitalization of the Non Resident Indians (NRI) after the accident.