MALI DEVI Vs. SUKHBIR SINGH

JUDGEMENT

(1.) This appeal has been Filed against an award dated 25-1-1983 made by the Motor Accident Claims Tribunal. Delhi. By the impugned award the Tribunal has granted to the claimants compensation of Rs. 37,000.00/-

(2.) The short question which arises for consideration in this appeal relates to the quantum of compensation payable to the legal heirs of the deceased Smt. Hukmo Devi, who met with a fatal motor accident on 10-12-1979. Her legal representatives preferred a claim of Rs. one lac. Taking her earning capacity at Rs. 300.00 per month, it w as estimated that she spent Rs. 150.00 per month on her family. The Tribunal adopted multiplier of 15 years . The compensation was worked out at Rs. 27.000.00 to which an additional amount of Rs. 10.000.00/- was added on account of loss of consortium to the husband and loss of love and affection of the children. Aggrieved by the said award the appellant has preferred this appeal.

(3.) Notice to this appeal is confined to the quantum of compensation payable to the claimants. Learned counsel for the appellant has contended that learned Tribunal has erred in assessing the loss of dependency, at Rs. 300.00 per month and has also committed grave error in adopting the multiplier of 15 years in awarding the compensation. It is now well settled that the loss of dependency has to be ascertained by first determining the monthly income of the deceased, then deducting therefrom the amount spent on the deceased, and thus assessing the loss to the dependents of the deceased. The appeal dependency assessed in this manner is then to be multiplied by the use of an appropriate multiplier.