UNION OF INDIA Vs. GURDEV KAUR

JUDGEMENT

(1.) HEARD counsel.

(2.) AT the time of his death, late Rishipal Singh was aged about 30 years. He died on 24. 8. 1983 in a motor accident, and at that time, he was employed by the Defence Department of the Government of India.

(3.) HIS widow and minor daughter preferred claim under Section 110-A, Motor Vehicles Act and got an award in their favour from the Tribunal. Their claim has been accepted by the Tribunal in the lump sum amount of Rs. 1,16,000/- accepting, however, the claim of dependency of the two claimants at the rate of Rs. 613/- per month. However, we are of the view that the Tribunal was not justified in assessing the dependency in that amount because no consideration was paid by the Tribunal to the fact that out of the total amount received as salary by the deceased, he must have retained something for his personal use. Accordingly, we are of the view that in this appeal there is some scope for modifying the award. We assess the loss of dependency of the claimants at Rs. 500/-per month.