Jasbir Singh, J.@mdashThis order will dispose of two appeals bearing FAO Nos. 437 and 43 8 of 1992. For facility of reference, facts are being
mentioned from FAO No. 437 of 1992. In both the appeals, the prayer is for enhancement of compensation amount.
2. Briefly, it is case of the appellants that on 18.3.1990 at about 9.00 a.m., Shardha Nand-appellant/claimant No. 1 along with his wife Kamla and
one Krishna, was going to the fields. Bus bearing No. HNA-8745 came from the side of Bhiwani and in the process of overtaking another bus,
going ahead of it, hit Kamla and Krishna. Both the ladies were injured and ultimately died. Factum of accident and death of Kamla and Krishna in
that accident is not in dispute.
3. The appellants, in this case, are the legal heirs/dependents of Smt. Kamla. The Motor Accident Claims Tribunal, Bhiwani (in short the Tribunal),
vide judgment dated 4.9.1991, had granted an amount of Rs. 78,000 along with pendente lite and future interest w.e.f. 2.4.1990 i.e. when
application for grant of compensation was moved by the claimants till recovery of the amount.
4. It was case of the claimants before the Tribunal that the deceased Kamla was working as a labourer in the fields and also doing the household
work and was earning Rs. 2,500 per month. As they had failed to produce the employer of the deceased, in the witness box, the Tribunal refuted
their claim to the extent that Kamla was working as a labourer, however, by noticing that she might be doing household work, loss to the family
was assessed at Rs. 400 per month.
5. This Court feels that the amount assessed is absolutely on the lower side. Even if the claimants have failed to prove that the deceased was
working with somebody as a labourer, her income should have been assessed, by taking note of the minimum wages, being paid during that period
to a labourer. As per information supplied at the bar by the State Counsel, the minimum wages during that period may not be less than Rs. 30 per
day. In this manner, it can be presumed that the deceased was earning not less than Rs. 900 per month. It can be presumed that she was spending
Rs. 200 upon herself, as such, she might be giving Rs. 700 per month to the family members/claimants, who are husband and four minor children.
In this manner, loss caused to the family can be assessed at Rs. 700 per month. Admittedly, at the time of grant of compensation, age of the
deceased was between 33 and 34 years. The Tribunal has applied a multiplier of 16 only. As per Second Schedule attached with the Motor
Vehicles Act, 1988, in such like circumstances, multiplier of 17 is required to be applied and it is ordered accordingly.
6. Now, by taking note of above said fact, total amount of compensation payable to the claimants would come to Rs. 1,42,800. They are also held
entitled to claim Rs. 1,200 towards funeral expenses. Accordingly, claimants in FAO No. 437 of 1992 are held entitled to get, towards
compensation, an amount of Rs. 1,44,000 along with interest @ 10% per annum (simple) from the date of filing of application i.e. 2.4.1990 till
recovery of the amount.
7. In FAO No. 438 of 1992, the claimants are husband and minor children of the deceased. Facts are exactly the same and keeping in view that
fact, the Tribunal has granted an amount of Rs. 78,000 towards compensation along with pendente lite and future interest from the date of moving
application i.e. 2.4.1990 till recovery of the amount.
8. In this case also, death of Krishna in the accident, is not in dispute. It was averred by the claimants in their application that she was working as a
labourer and also as a housewife and was getting an amount of Rs. 2,500 per month. The Tribunal assessed loss to the family @ Rs. 400 per
month. Admittedly, age of the deceased was about 35 years. In view of finding given in earlier part of this judgment, regarding amount of
compensation in FAO No. 437 of 1992, it is held that the claimants, in this case also, who are husband and three minor children, are entitled to
claim an amount of Rs. 1,44,000 along with interest @ 10% per annum (simple) from the date of moving application i.e. 2.4.1990 till realisation of
amount.
9. Liability of the respondents in both the cases js joint and several.
10. With the above mentioned modifications, appeals stand disposed of.