Kuldip Singh, J. - (1.) Special leave granted.
(2.) Major Dalip Singh, along with his wife Hardeo Kaur and his two sons Jasminder Singh (10 years) and Balvinder Singh (7 years), was travelling in his Ambassador car from Mathura to Delhi on July 30, 1977. A Rajasthan State Road Transport Corporation's bus driven by Ramesh Chandra Sharma struck against the Ambassador car driven by Major Dalip Singh. Major Dalip Singh, his wife and sons were injured in the accident. Unfortunately Major Dalip Singh succumbed to the injuries. Master Jasvinder Singh received multiple injuries including fracture of nasal bone. His younger brother Balvinder Singh received injury on the forehead and multiple abrasions on various parts of the body. Hardeo Kaur, however, received miner injuries. A claim petition was filed by Hardeo Kaur, her two minor sons and daughter Davendra Kaur (6 years) before the Motor Accidents Claims Tribunal, Mathura. The Tribunal by its judgment dated January 29, 1980 found on the basis of the evidence adduced before it that the accident took place due to rash and negligent driving of the bus by the driver Ramesh Chandra Sharma. Regarding quantum and assessment of compensation the Tribunal held as under: "In the present case the evidence shows that Major Dalip Singh was drawing a monthly salary of Rupees 2,200/-. He died leaving a wife and three minor children. Normally it is to be presumed that the deceased was spending 1/3rd of his salary on personal expenses. In the present case the deceased was an Army Officer. Experience shows that the personal expenses of Army Officer are more than the other Civil servants specially because they have to spend some amount on mess expenses and on drinks etc. Evidence also shows that Major Dalip Singh occasionally used to take drinks, though moderately. In view of all these facts I am of the opinion that it must be held that. Major Dalip Singh was spending half of his salary on personal expenditure while the remaining half was spent on his family. He was aged 36 at the time when this occurrence took place. The normal span of life is taken as 60 years, but in my opinion in the case of army officers this span should be taken as 56 years. Army officers are also retired about 4 years earlier than civil Government servants. Thus the normal expectancy of life of Major Dalip Singh was (56-36) 20 years. Thus the annual amount which Major Dalip Singh was spending for his family comes to Rs. 1100 X 12 = 13,200.00 which multiplied by 20, which was the average expectancy of life in his case amounts to Rs. 2,64,000/-. Out of this, deduction of 1/3rd should be made on account of lum sum payment. The balance amounts to Rs. 1,76,000/ - which should be the amount of damages to be allowed to the heirs of deceased Major Dalip Singh."
(3.) So far as Jasminder Singh and Balvinder Singh are concerned the Tribunal awarded Rs. 3,000/ - and Rs. 1,000/ - respectively. The Tribunal thus awarded a sum of Rs. 1,80,000/- as damages on account of the death of Major Dalip Singh and injuries received by his minor sons. The Tribunal further awarded interest at the rate of 6 per cent per annum from the date of application before the Tribunal till the date of realisation. Hardeo Kaur and her children filed appeal before the High Court for enhancement of compensation but the same was dismissed on March 2, 1988. Hence this appeal by the widow and her minor children.;