KANWALJEET HARBHAJAN SINGH Vs. ARUL ANANDAN

JUDGEMENT

(1.) The sole question which calls for determination in this appeal is whether the amount of family pension received by the widow can be deducted while computing the loss of dependency of the claimants.

(2.) This question has been settled by a judgment of Gauhati High Court reported in Saminder Kaur v. Union of India, 1987 ACJ 7 (Gauhati), in which it has been held as under:

(3.) In the present case, learned Motor Accidents Claims Tribunal, Ambala after deducting amount of family pension of Rs. 1,890 from the pension of the deceased which was Rs. 3,900 held that there was a decrease in the family income to the tune of Rs. 2,010. After taking into account the share of the deceased held the dependency of the claimants at Rs. 1,100 per month and after applying a multiplier of 12, awarded a compensation of Rs. 1,58,400. Over and above this amount, the Tribunal had also awarded Rs. 10,000 as funeral expenses. Thus, a total compensation of Rs. 1,70,000 was awarded vide award dated 12.5.1992.