JUDGMENT Both counsel submit that as the paper-book is read~, the appeal be heard and disposed of finally. Accordingly, counsel heard. Learned counsel for the appellants contended that the deceased was the Assistant Police Prosecutor (A.P.P.) Grade-II, and was working at Niwadi at the relevant time, who was drawing total emoluments Rs. 1,290/- per month. After two months, he was to be promoted in Grade-I of A.P.P.; the total emoluments of the said post are Rs. 2;044/-. The Tribunal while calculating the compensation and the dependency and by applying the multiplier of 16 illegally deducted 1/6th amount for lumpsum payment, as it is well settled that when a multiplier is selected and applied, no payment can be deducted from lumpsum, because multiplier takes care of deduction as well as of promotion, etc. On the other hand, learned counsel for respondent No.3, contended that the dependency calculated is too excessive, as the deceased at the relevant time must be spending 1/3rd on himself. It was also submitted by him that the Tribunal did not consider the deductions made by the employer towards the contribution of provident fund, etc. After hearing counsel, we are of the opinion that the dependency arrived at in the case of the dependents, who are a young widow of 26 years and a child of two years, is little higher, therefore, we reduce it to Rs. 800/- per month. The multiplier adopted and applied by the Tribunal in the facts of the case does not warrant any interference. Therefore, in our opinion, the claimants are entitled to the total compensation towards dependency by applying multiplier of 16 as Rs. 1,53,600/-, besides the amount of consortium which we fix Rs. 10,000/-. Thus, the appellants/claimants are entitled to get the total amount of Rs. 1,63,600/-, which we make it in round figure as Rs. 1,64,000/-. On the said amount, the claimants shall also be entitled the interest at the rate of 12 per cent per annum from the date of the application, i.e., 12.6.1987, till the total amount is paid. Shri Sharma pointed out that the compensation awarded by the Tribunal has already been paid. If that is so, the Tribunal shall give an adjustment towards the amount of compensation as well as the interest proportionately.
Shri Sharma pointed out that the compensation awarded by the Tribunal has already been paid. If that is so, the Tribunal shall give an adjustment towards the amount of compensation as well as the interest proportionately. The balance amount shall be deposited before the Tribunal within a period of six weeks from today, failing which it shall carry interest@ 18% per annum from the date of the application till the deposit is made. While disbursing the amount the Tribunal shall take into consideration the interest of the minor. The respondent No. 3/lnsurance Company shall also pay the costs awarded by the Tribunal, if not already paid, and the costs of this appeal, which we quantify as Rs. 1,000/-.