J.V. Gupta, J. - (1.) THIS is an appeal filed by the Haryana Roadways against the order of the Motor Accidents Claims Tribunal, dated 28th July, 1976. The appeal was admitted only on the question of quantum of compensation awarded by the Tribunal.
(2.) MOHINDER Nath, who was riding on a cycle, met with an accident on 8th July, 1974, with a bus owned by the Haryana Roadways, and died as a result thereof. He left behind his widow Smt. Vidya Wati, two minor sons Sukhvinder Kumar and Vijay Kumar and two minor daughters Santokh Kumari and Sunita Kumari, who filed the present claim petition before the Tribunal The learned Tribunal has awarded Rupees 75,000/ - as compensation to the claimants. Mohinder Nath, deceased, was employed as a Patwari at the time of the accident. From the documentary evidence sworn by Sudarshan Kumar (A.W. 7) Clerk, the monthly emoluments of Mohinder Nath were Rs. 413 excluding house rent allowance. According to the finding of the learned Tribunal, Rs. 100/ - would have gone for his personal maintenance leaving a balance of less than Rs. 275/ - per month for the maintenance of his family members. Taking into consideration the rising prices of the commodities of the daily use and the circumstances of the case and the fact that the applicants had to be paid the amount in lump sum and the chance of the deceased falling ill or having his life cut short, a sum of Rs. 75,000/ - was held to be a fair estimate of compensation. I have heard learned Counsel for the parties and I am of the view that the amount awarded by the Tribunal is on a little higher side. The learned Tribunal has not given any reasons as to how it has arrived at this amount. According to the Full Bench judgment of this Court, reported as Lachman Singh and Ors. v. Gurmit Kaur and Ors. : 1979 A.C.J. 170, the suitable multiplier should be applied taking into consideration the number of years of the dependency of the various dependents, the number of years by which the life of the deceased was cut short and the various imponderable factors such as early natural death of the deceased, his becoming incapable of supporting the dependants due to illness or any other natural handicap or calamity, the prospects of the remarriage of the widow, the coming of age of the dependents and their developing their independent sources of income as well as the pecuniary benefits which might accrue to the dependents on account of the death of the persons concerned. Taking into consideration the totality of the circumstances in the present case and the age of the dependents, which is given in the order of the Tribunal, i.e. Santosh Kumari 11 years, Smt. Vidya Wati widow 28 years, Sukhvinder Kumar 9 years, Vijay Kumar 7 years and Sunita 2| years, as well as the age of the deceased 41 years, 15 will be a suitable multiplier. Though according to the Tribunal the deceased was contributing Rs. 275/ - per month towards the maintenance of the family, but if we deduct a sum of Rs. 100/ - from his pay, it comes to Rs. 300/ -. However, Rs. 3,600/ - per month can be taken as the amount which the deceased was contributing towards the maintenance of his family. Thus, annual dependency of the claimants will be Rs. 3600/ - and if the same is multiplied by 15 it will come to Rs. 54.000/ -. Rs. 1,000/ - more has been allowed as the Respondents had lost some interest on the amount till it is ordered to be deposited in the Bank. Thus the amount of compensation is reduced from Rs. 75,000/ - to 55.000/ -. Out of this amount, Smt Vidya Wati will be entitled to Rs. 2.0,000/ -, Santosh Kumari Rs. 10,000/ -, Sunita Rs. 10,000/ - and Sukhvinder Kumar and Vijay Kumar Rs. 7,500/ - each. Consequently, the appeal is allowed to the extent of indicated above. This Court vide order dated 2nd December 1977, directed that the sum of Rs. 50,000/ - be deposited in the State Bank of Patiala. That amount may now be paid to the claimants with interest accrued thereon. In case of the minors, the amount shall be paid to their natural guardian, i.e. the mother.;