AKHEY SINGH Vs. WILLIAM JERRY

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Faridabad (for short 'the Tribunal') dated 19. 10. 1984, who had granted Rs. 2,000/- as funeral expenses of Sharda (deceased) to the claimants though they had prayed for the grant of compensation in the sum of Rs. 40,000/- for the death of their mother. The manner of accident is not in dispute. The Tribunal did not grant any compensation to the claimants on the ground that the deceased was not earning anything. It has come in the evidence that Sharda (deceased) used to help her husband in his day-to-day affairs and also used to supply milk at his tea-stall and render service of routine. Even assuming for the sake of arguments that the deceased was not earning, her earning capacity cannot be ignored. Even minimum monthly earning of a daily wager is Rs. 500/ -. In view of the above, the minimum dependency can be taken to be Rs. 300/- p. m. to which the claimants are entitled. The age of the deceased was 45 years and she leaves behind her husband and five minor children. Therefore, following Lachman Singh v. Gurmit Kaur 1979 ACJ 170 (Pandh), by applying the multiplier of 12 to the dependency which is equitable, the claim comes to Rs. 43,200/ -. Since the appellants have claimed only Rs. 40,000/-, therefore, this amount is allowed to the claimants. They shall also be entitled to interest at the rate of 12 per cent per annum from the date of the filing of the application. The appeal is allowed in the above terms. No costs.