G.R.MAJITHIA, J. - (1.) THIS appeal is directed against the award of the Motor Accidents claims Tribunal, Faridabad (for short "the Tribunal") at the instance of the claimants.
(2.) THE principal ground raised by the learned Counsel for the claimants is that the compensation awarded by the Tribunal is inadequate. There is no dispute with regard to the manner in which the accident took place. The same took place as found by the learned Tribunal as a result of negligent driving by the driver. The finding in this regard recorded by the Tribunal has not been assailed by the learned Counsel for the respondent. Consequently, that finding is affirmed. However, as stated supra, the only dispute is regarding the compensation payable to the claimants. The deceased was in the employment of Nanak Dairy at Hodal. He was drawing a monthly salary at the rate of Rs. 450/-. He was unmarried. There is every likelihood of his getting married and having progency and after his marriage he would not have been able to contribute towards his parents' maintenance what he was contributing when he was a bachelor. The learned Tribunal found that the deceased was contributing Rs. 150/- per month towards his parents' maintenance. This, in my opinion, is not a correct assessment. In the normal circumstances, the deceased would be spending one-third of his wages on himself and the balance he would be contributing for the maintenance of his dependents. In the instant case, that yardstick cannot safely be adopted. It will be just and fair if it is assumed that he would be contributing Rs. 200/- per month towards his parents' maintenance. The annual dependency of his parents would thus come to Rs. 2,400/-. It can safely be inferred that he would have continued to part with this much amount towards his parents' maintenance, at least for a period of 18 years Even if be had got married and had children there was every likelihood that his income would have increased, but the contribution towards his parents, maintenance would have continued at the rate of Rs. 4,400/- per annum. Applying a multiplier of 18, the parents would be entitled to a sum of Rs. 48,200/-, but in the. claim petition they had only Laid claim of a sum of Rs. 40,000/-. Mr. K.G. Chaudhary, the learned Counsel for the claimants has filed an application seeking amendment of the claim petition to introduce the plea that the claimants are entitled to Rs. 1,20,000/- by way of compensation. I do not think that it will be just, fair and proper to allow amendment of the claim petition at this stage. It will meet the ends of justice if the parents are allowed a sum of Rs. 40,000/- by way of compensation. They will also entitled to interest on the amount awarded at the rate of 12 percent per annum from the date of application till realisation. The amount already paid by the Insurance Company or by the owner will be deducted out of the amount awarded and the claimants will be entitled to enforce their claim only for the amount that has not so far been paid by the owner. The interest will be calculated on the unpaid amount from the date of the application till realization.
(3.) THE appeal is allowed to the extent indicated above. There will, however, be no order as to costs.;