M.R.Sharma, J. - (1.) MEHANGA Ram deceased used to eke out his living by running a cart driven by he -buffalo. On November 3, 1970, be was going in his cart from Panipat side towards Gharaunda. Station Wagon bearing No. DLL 6274 came from the opposite side and collided against the cart, resulting in fatal injuries to Mehanga Ram deceased Tilak Raj his son, also sustained some injuries in the accident. Kallo Bai, wife of the deceased, filed a claim petition on her own behalf, on behalf of her 6 minor children and one major son Aishi lal. The, learned Motor Accident Claims Tribunal. Karnal, who heard and decided this claim petition granted Rs.1600/ - as compensation. Kallo Rai, her minor children and her major son Aishi Lal have come up in appeal for the enhancement of this compensation.
(2.) THE learned Tribunal determined the monthly income of the deceased at the figure of Rs. 250/ per month This finding arrived at by it is being challenged by the learned Counsel for the Appellants. He had drawn my attention to the statements made by Tilak Raj R.W. 2. and Aishi Lal R.W 10. The former stated that the deceased used to earn a sum of Rs. 24/ -per day with the help of his bullock cart and used(sic) to spend Rs. 10/ - per day on the upkeep of the buffalo. The second witness stated that the deceased used to earn Rs. 20/ - to Rs. 25/ per day and used to spend roughly Rs. 10/ or Rs 11/ - per day upon the upkeep of the buffalo. If the evidence of these two witnesses is accepted even to the best advantage of the Respondents, the net income of the deceased could be fixed at Rs 15/ - per day Bat of this amount, I/3rd of it should be knocked off towards the expenses which the deceased would be deemed to have incurred upon his own upkeep. This leaves up a balance of Rs. 10/ - per day, which the deceased was probably spending upon the upkeep of his wife and minor children. In other words, 1 is net income comes to Rs 300/ - per month and Rs. 3,600/ - per year. In Lachman Singh and Ors. v. Gurmit Kaur,(1979) 81 P. L. R. 1 a Full Bench of this Court capitalised the annual Income for a period of 16 years when the life of the deceased was cut short by 37 years on the basis that average expectancy of life was 60 years. That appeal was decided by the High Court, in the year 1964 and the death of the deceased probably took place in the year 1960. It is agreed on all hands that life expectancy should now be regarded as 65. On the basis of the principle contained in the Full Bench decision, the damages have to be capita Used for a period of 10 years because the deceased in this case was 45 years old at the time of his death So working the compensation awardable to the Appellants comes to Rs. 36,000/ -. I see no reason why the compensation at this figure be not grafted to the Appellants, especially when the profession carried on by the deceased was likely to become more Iterative in view of the difficulties which are now being experienced in running vehicles fed on petroleum products I am saying so because in Bishan Devi and Anr. v. Sirbaksh Singh,, (1980) 82 P. L. K. 134 the Supreme Court took notice of the fact that the deceased patwari in that case was likely to spend mote money on his family in passage of time
(3.) FOR the reasons afore mentioned, I allow this appeal and order that the Appellants be paid compensation in the sum of Rs. 36,000/ along with 6% interest on this amount. The interest shall be payable with effect from the date on which the claim petition was filed. The appellants shall also have proportionate costs. The total compensation shall be payable to the widow and the children of the deceased who were minors at the time when the claim petition was filed.;