BEANT KAUR Vs. ASHOK KUMAR

JUDGEMENT

(1.) The appellants are widow, three minor sons, one minor daughter and father of the deceased who was also dependent upon the son. They have been granted a total compensation of Rs. 3,81,600/-. The deceased was in Government service drawing a total salary of Rs. 4,580/- at the time of his death. The multiplier of 10 has been given. The counsel for the appellants has argued that multiplier should have been of 13 as the deceased was aged 46-1/2 years, as has been found by the Tribunal. It has further been argued that in view of the large size of the family, the Tribunal has erred in holding that the deceased must be spending Rs. 1400/- upon himself. It has been argued that the Tribunal should have found 5 units keeping in view that the members of the family were seven. Both the arguments have substance. The multiplier in view of the age of the deceased i.e. 46-1/2 years should be 13. Number of units according to Schedule would be 5 and therefore deduction of Rs. 960/- can only be applied. The dependency thus comes to Rs. 3664/-. The aforesaid amount when multiplied by 12 and further multiplied by 13, the compensation comes to Rs. 5,71,584/-. The aforesaid amount shall carry interest @ 12% per annum from the date of application till realisation. The father of the deceased would be entitled to share of Rs. 41,584/- whereas other five claimants i.e. widow and children would be entitled to Rs. 5,30,000/- in equal shares. The shares of the minors would be deposited in nationalised bank in fixed deposits. The widow would be entitled to withdraw interest upon the deposited amount of minor sons whereas she would not be entitled to withdraw any amount from the deposited share of minor daughter. The minors would be entitled to withdraw the deposited amount on their attaining majority. The share of widow and father be given to them in cash. The appellants would also be entitled to have the costs of Rs. 3300/-. Respondents shall be jointly and severally liable to satisfy the award.