JUDGMENT : ( 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. ( 4. ) HOWEVER, Mr. N. P. Mittal, who has appeared for the appellants, has submitted that from the sum awarded, credit has to be given to the appellants for what is claimed to be ex gratia payment of about Rs. 78,000/-under different heads. Looking at the application, which the appellants had preferred on 18. 12. 1988 in that regard, we are not at all satisfied that the contention has any merits. The amounts mentioned in paragraph 2 of the application are mainly in respect of sums paid under insurance policy and under welfare fund and provident fund account. Those payments, even if actually made, cannot be regarded as ex gratia payments. We, therefore, do not consider it necessary to remand this matter to the Tribunal to examine the question of actual payment of that amount, or even of pension to the widow, as contended. ( 5. ) WE are of the view that the two claimant-respondents, widow and minor daughter of the deceased, are entitled to an award in their favour for loss of dependency. We adopt the multiplier 12 X 16, in the facts and circumstances of the case, while assess the dependency of claimants in the sum of Rs. 500/-per month.
( 5. ) WE are of the view that the two claimant-respondents, widow and minor daughter of the deceased, are entitled to an award in their favour for loss of dependency. We adopt the multiplier 12 X 16, in the facts and circumstances of the case, while assess the dependency of claimants in the sum of Rs. 500/-per month. We are of the view that their claim to the extent of Rs. 96,000/has to be allowed. Accordingly, the award passed by the Tribunal is modified to that extent. The claimants shall also be entitled to interest at the rate of 12 per cent per annum from the date of application till payment. The award is also modified in that regard because interest has been awarded from the date of accident which is not legally sustainable. The claim for loss of consortium, which the Tribunal has awarded, is negatived and as such, we have not said anything about that. ( 6. ) IT is submitted that the appellants have made a deposit of a sum of Rs. 25,000/- in all, under orders made by this court, as also by the Tribunal, and out of that amount, respondents have withdrawn a sum of Rs. 15,000/ -. Respondents/claimants shall be paid the sum awarded herein, except the sum of Rs. 33,000/ -. For that amount a fixed deposit shall be taken in the name of the minor daughter, claimant-respondent No. 2, Rishi Pal Kaur, for a period of 6 years. It may be possible to perform her marriage on her attaining majority when the fixed deposit account matures. ( 7. ) IN regard to cash payment to be made to claimant-respondent No. 1, widow of the deceased, who is major, we direct further that she shall be noticed by the Tribunal and payment shall be made over to her in person within three months. Steps shall be taken for taking out the fixed deposit receipt. There shall be no order as to costs in this appeal.