Kuldip Singh, J. - (1.) APPELLANTS have filed this appeal against Award dated 18.10.1994, passed by the Motor Accident Claim Tribunal, Karnal (in short 'the Tribunal'), whereby a compensation of Rs. 1,15,200/ - was allowed on account of death of her husband Mahabir Singh and her son Bal Kishan. Brief facts of the case are that on 7.6.1992 at about 10:3.0 A.M., an accident took place between Haryana Roadways bus bearing No. HNE -1968, belonging to Chandigarh Depot of Haryana Roadways, being driven by Gurbax Singh and; truck bearing No. PB -10 -B -9501, owned by M/s. Patiala Transport Company, Azadpur Delhi and Gurtehal Singh, being driven by Kaka Singh. In the said accident, 24 persons including drivers of both the vehicles died and 26 persons were injured. The claim petitions filed by several claimants were consolidated and disposed of by the impugned award. Mahabir Singh and his son Bal Kishan were travelling in the bus at the time of accident. Their claim petitions were registered as MACT Case No. 208 of 1992 and 204 of 1992. It was stated that Mahabir Singh was 36 years of age and was working as a Mason and was earning Rs. 5,000/ - per month, whereas Bal Kishan was 15 years of age and was running a tea shop and earning Rs. 1,500/ - per month. Rs. 5 lacs in case of Bal Kishan and Rs. 8 lacs in case of Mahabir was claimed as compensation. The Tribunal held that there was contributory negligence of both the drivers in driving the vehicles. Therefore, Haryana State as well as Oriental Insurance Company, which was insurer of the said truck, were held equally liable to pay the compensation. The present claimant is not satisfied with the compensation awarded by the Tribunal.
(2.) I have heard the learned counsel for the parties and have also carefully gone through the file. Learned counsel for the appellants has argued that the Tribunal erred in holding that the income of the deceased Mahabir and Bal Kishan was only Rs. 1,000/ - each per month. The dependency of the claimant in two cases was taken to be Rs. 600/ - per month or Rs. 7,200/ - per annum and a compensation of Rs. 1,15,200/ - was allowed on account of death of Mahabir and Bal Kishan. I am of the view that even in the year, a Mason might be earning at least Rs. 1,800/ - per month. Keeping in view the young age, 50% i.e. Rs. 900/ - to be added as future prospects, the income of Mahabir comes to Rs. 2,700/ - per month. After deducting 1/3rd i.e. Rs. 900/ - as personal expenses, the dependency of claimant on account of death of Mahabir comes to Rs. 1,800/ - per month. Since the deceased was 35 years of age, the multiplier of 16 is to be applied. On applying the multiplier of 16 i.e. Rs. 1,800 x 12 x 16, the compensation comes to Rs. 3,45,600/ -. Now coming to Bal Kishan, his income was assessed at Rs. 1,000/ - per month. If the income of Bal Kishan is considered to be assessed at Rs. 1,000/ - per month, 50% i.e. Rs. 500/ - to be added as future prospects, the income of Bal Kishan comes to Rs. 1,500/ - per month. After deducting 1/3rd i.e. Rs. 500/ - as personal expenses, the dependency of claimant on account of death of Bal Kishan comes to Rs. 1,000/ -. Since the deceased was 15 years of age, the multiplier of 16 is to be applied. On applying the multiplier of 16 i.e. Rs. 1,000 x 12 x 16, the compensation comes to Rs. 1,92,000/ -. Considering the price index of 1992, Rs. 10,000/ - each on account funeral, last rites and ceremonies are allowed. Rs. 25,000/ - on account of loss of love and affection to the children are allowed. Another sum of Rs. 25,000/ - for loss of consortium to wife are allowed. The total amount of compensation comes to Rs. 6,07,600/ -. After deducting the amount of compensation already paid, the enhanced compensation with interest at 7.5% from the date of filing of the claim petition till payment in equal share is to be paid by Haryana State as well as Oriental Insurance Company as determined by the Tribunal. ;