AJAY TEWARI,J. - (1.) - This order shall dispose of the above mentioned two appeals filed for enhancement of compensation. Since they both have arisen out of a common award, they are being disposed of by this common order. The facts are being taken from FAO No. 1956 of 2001.
(2.) The brief facts are that on 25.01.2000 deceased Birender Singh alias Virender Singh along with his friends namely Ram Niwas and Subhash etc. was going from Rohtak to Gohana in his Maruti car bearing registration No. DBC-1890 which was being driven on the correct left hand side of the road and when they reached in the area of village Mahra, District Sonepat at around 1.00 p.m. a bus of the Haryana Roadways bearing No. HR-46/0265 being driven by Dharam Raj-respondent No.2 came from Gohana side being driven in a rash and negligent manner and at a high speed and struck against the car by coming on the wrong side of the road. As a result of the impact Birender Singh alias Virender Singh, Ram Niwas, Subhash, Sushil Kumar and Pardeep Kumar received injuries and they were removed from the site of accident and were being taken to PGIMS Rohtak but all of them died at the spot. The accident was alleged to have been caused due to the rash and negligent driving of respondent No.2.
(3.) The deceased was working as a Clerk-cum-Cashier in a bank and was drawing a monthly salary of L 5391/-. The Tribunal, while computing compensation to be payable to the legal heirs of deceased Birender alias Virender, took into account his carry home salary as L 4840/-. Out of that an amount of L 1000/- was cut on account of travelling expense as he was residing at Rohtak and used to commute from Rohtak to Delhi, his place of posting. In this way his contribution towards his family was taken as L 3840/- to which a further cut of ?rd was applied on account of his personal expenses and monthly dependency of the appellants was assessed at L 2600/-. Since deceased was 26 years of age, multiplier of 16 was applied and the total amount of compensation was worked out to ( L 2600 x 12 x 16) be R. 4,99,200/- which was rounded off to L 5,00,000/- out of which L 2,50,000/- were ordered to be given to his widow, L 1,75,000/- to his minor son i.e. appellant No.2 and L 75,000/- to his mother i.e. appellant No.3. The compensation was ordered to be payable along with interest at the rate of 9% p.a. from the date of filing of the claim petition till retaliation. Being dissatisfied with the compensation, the claimants have filed the present appeal. FAO No. 1191 of 2001;