Mehtab S.Gill, J. - (1.) The sole question which calls for determination in this appeal is whether the amount of family pension received by the widow can be deducted while computing the loss of dependency of the claimants.
(2.) This question has been settled by a judgment of Gauhati High Court reported in Saminder Kaur v. Union of India, 1987 ACJ 7 (Gauhati), in which it has been held as under: "The widow of a Government employee would be entitled to family pension under the service conditions. We do not think that it is a benefit received by the widow and the wrongdoer should be allowed to take advantage of the family pension and gain by it." It has been further held'in Jahirabi v. V.S. Siddalingappa, 2001 ACJ 1340 (Karnataka), by the Karnataka High Court as follows: "Quantum Fatal accident Principles of assessment Family pension Whether amount of family pension received per month by the widow of the deceased may be deducted while computing loss of dependency Held: no; this amount is also payable to the widow if her husband dies otherwise than in accident."
(3.) In the present case, learned Motor Accidents Claims Tribunal, Ambala after deducting amount of family pension of Rs. 1,890 from the pension of the deceased which was Rs. 3,900 held that there was a decrease in the family income to the tune of Rs. 2,010. After taking into account the share of the deceased held the dependency of the claimants at Rs. 1,100 per month and after applying a multiplier of 12, awarded a compensation of Rs. 1,58,400. Over and above this amount, the Tribunal had also awarded Rs. 10,000 as funeral expenses. Thus, a total compensation of Rs. 1,70,000 was awarded vide award dated 12.5.1992.;