AMARJEET CHAUDHARY, J. - (1.) THIS appeal is for enhancement of compensation against the award of Motor Accident Claims Tribunal, Karnal, dated 10.5.1985 which, on a claim petition under Section 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 38,400/- as compensation to the claimants with 9% interest on account of the death of Gurdial Singh, who was the husband of claimant No. 1 and father of claimant No. 2, 3 and 4, who are minor children.
(2.) IN the instant case, the death of the deceased is not disputed. The only dispute is with regard to the quantum of compensation. The Tribunal while awarding compensation had assessed the dependency of the deceased at Rs. 200/- after deducting 1/3rd amount i.e. Rs. 100/- as his personal expenditure. By applying a multiplier of 16, the Tribunal had awarded a sum of Rs. 38,400/- as compensation. I have gone through the paper-book with the help of the claimants' Counsel and I find that the approach of the Tribunal in assessing the monthly income of the deceased is not correct. It is in evidence that the deceased had some agricultural land which admittedly after his death must have been devolved upon his legal heirs, but the fact remains that besides deriving income from the agricultural land, the deceased must have been doing his own work or some other work. In the year 1985 a farm labourer must not be getting less man Rs. 20/- a day. As such the deceased must have been earning Rs. 600/- per month. Out of this amount, 1/3rd amount i.e. Rs. 200/- is to be excluded which the deceased was expected to spent on himself. Thus the monthly dependency of the deceased would be Rs. 400/-. Accordingly, the annual dependency of the deceased comes to Rs. 4800/-. I am of the view that multiplier of 16 was rightly applied by the Tribunal keeping in view the age of the deceased. By applying a multiplier of 16, the total amount of compensation to which the claimants are entitled comes to Rs. 76,800/-. They are also allowed 12% interest per annum from the date of claim petition. The amount awarded shall be apportioned among the claimants as under: Savitri Devi Rs. 30,000/- Salinder Singh (minor son) Rs. 16,000/- Kangu (minor son) Rs. 16,000/- Meena (minor daughter) Rs. 14,800/- Consequently, the appeal is allowed. It is made clear that out of Rs. 76,800/- awarded as compensation, Rs. 38,400/- already awarded by the Tribunal shall be deducted. The amount awarded to the minors shall be deposited in some Nationalised Bank with a view to get maximum interest and they shall be entitled to withdraw the same on attaining majority. No order as to costs.;