JUDGMENT 1. - The assessment of damages is not and never can be an exact science. These are too many imponderables. But the principles governing the amount of compensation are explicitly established and are well settled. No doubt the human life is invaluable and we do not value the life or loss of limb. What we value is the dependency of the economic benefit lost by the claimants on account of unfortunate demise of their bread winner in the road accident. 2. A conspectus of the material facts giving birth to the present appeals filed by the claimants for enhancement of compensation, may shortly be narrated at the outset so as to appreciate the merits of the claims. As all these appeals relate to one accident, I propose to decide them by a common order. 3. The accident in question occurred on May 23, 1988 at about 4 p.m. Truck No. RSL 623 was driven by the driver rashly and negligently, it turned capsized resulting the death of Gopi, Kishan Lal, Itvari @ Ikbal, Tota, Hari and Mangti. Other two labourers Sukkha and Rupan sustained injuries. 4. Claim petition came to be instituted by the claimants before the Motor Accident Claims Tribunal Bayana (for short the tribunal) which were decided vide judgment dated November 7, 1992. 5. The appellants dissatisfied with the size of the award, filed these appeals. 6. On the basis of pleadings of the parties the tribunal framed as many as seven issues. Seven witnesses were examined by the. claimants where the truck owner Laxmichand, from the side of opposite party appeared as a witness.Appeal No. 78/93 (Ram Bai and others) 7. Ram Bai, wife of deceased Gopi, stated that Gopi used to earn Rs. 60/- to Rs. 70/- per day and handed over to her remaining'amount after spending Rs. 10 to 12 per day. At the time of death he was about 30 years of age. The tribunal calculated the compensation as under : Loss of Dependency 300 x 12 x 25 90,000/- Loss of Consortium and love and affection Rs. 10,000/- Funeral Expenses Rs. 2,000/- Total Rs. 1,02,000/ According to the statement of Ram Bai gross monthly income of the deceased Gopi was about Rs. 1500/- per month, It could be assessed as Rs. 1200/- per month and ⅔ of the income ought to be taken as dependency. 10,000/- Funeral Expenses Rs. 2,000/- Total Rs. 1,02,000/ According to the statement of Ram Bai gross monthly income of the deceased Gopi was about Rs. 1500/- per month, It could be assessed as Rs. 1200/- per month and ⅔ of the income ought to be taken as dependency. Having regard to the evidence and other circumstances that have come on record I am of the view that multiplier of 18 ought to have applied by the tribunal. The amount awarded against loss of consortium and loss of love and affection and funeral expenses also requires to be enhanced. Thus the appellants are entitled to receive the compensation as under : Loss of dependency 800 x 12 x 18 1,72,800/- Loss of consortium Rs. 15,0001- and love and Rs. affection Rs. 5,000 two children Rs. 5,000/- 25,000/- Funeral expenses Rs. 5,000/- Total Rs. 2,02,800/- Appellant Ram Bai and others are also entitled to interest @ 12 per cent per annum from date of filing of the claim petition till realization.Appeal No. 79/93 (Sukha) 8. Appellant Sukha sustained fracture on leg. He was referred to Jaipur Hospital, where he was admitted for 16 days. He spent between Rs. 15 to 20 thousand against medical expenses. He exhibited two bills Ex.P. 1 was his injury report. The tribunal observed that according to injury report Sukkha sustained four injuries out of which for one injury X-ray was advised. The tribunal awarded Rs. 2120/- to Sukkha.In Concord of India Insurance Co. Ltd. v. Nirmala Devi, 1980 ACJ 55 the Supreme Court observed thus : "The determination of the quantum must be liberal, not niggardly since the law values life and limb in a free country in generous scales." While determining compensation the learned tribunal did not appreciate that no doubt a poor person could not manage to produce the medical officer and Radiologist in the witness box but why would he tell a lie. Uncontroverted statement of poor and illiterate person ought to have scrutinised liberally. It was not expected from him to recap the record of his treatment. There was no reason to disbelieve his statement that he was treated for one day in Bharatpur and was admitted for 16 days in the Hospital at Jaipur and during this period of treatment his leg was plastered. The aspect of pain and suffering as well as expenses for transportation food diet etc. There was no reason to disbelieve his statement that he was treated for one day in Bharatpur and was admitted for 16 days in the Hospital at Jaipur and during this period of treatment his leg was plastered. The aspect of pain and suffering as well as expenses for transportation food diet etc. were also not considered by the learned tribunal.Taking over all view of the circumstances and uncontroverted statement of Sukkha, I find it.foper to modify the award as under : Rs. 3,000/- towards medical treatment Rs. 2,000/- towards food and diet Rs. 300/- towards transportation Rs. 1,000/ towards loss of income Rs. 20,000/- towards pain and sufferings and general damages. Total Rs. 26,300/- Appellant Sukkha shall also be entitled to interest @ 12% per annum from the date of filing of claim petition till realization.Appeal No. 80/93 (Smt. Sugni and others) 9. Smt. Sugni and other legal representatives of deceased Tota were awarded Rs. 66,000/- as compensation. Age of deceased Tota was 45 years on the date of death. He was a labourer on the truck and according to Smt. Sugni was earning approximately Rs. 50/- a day. The trial court computed the loss of dependency at Rs. 300/- per month applying the multiplier of 15. I am of the opinion that loss of dependency ought to have been computed at Rs. 800 per month after applying multiplier of 10.Taking over all view of the circumstances and uncontroverted statement of Smt. Sugni, I find if proper to modify the award as under : Loss of dependency 800.x 12 x 10 96,000/- Loss of consortium Rs. 15,000/- Love and affection five children Rs. 5,000/- each Rs. 25,000/- Funeral expenses Rs. 5,000/- Total Rs. 1,41,000/ with interest @ 12% per annum from the date of filing of the claims petition till realization.Appeal No. 81/93 (Smt. Kesha and others) 10. Age of deceased Kishan Lal was 35 on the date of the death. He was also a labourer on the truck. The tribunal awarded to the claimants Rs. 1,02,000/- computing loss of dependency at Rs. 300/- per month multiplying it with 25. But I am of the opinion that loss of dependency ought to have been computed at Rs. 800/- per month and it ought to have been multiplied with 18. He was also a labourer on the truck. The tribunal awarded to the claimants Rs. 1,02,000/- computing loss of dependency at Rs. 300/- per month multiplying it with 25. But I am of the opinion that loss of dependency ought to have been computed at Rs. 800/- per month and it ought to have been multiplied with 18. The amount of compensation granted by the tribunal is required to be stepped up as under : Loss of dependency 800 x 1.2 x 8 1,72,800/- Loss of consortium Rs. 15,000/- Love and affection four children Rs. 5,000/- Rs. 20,000/- Funeral expenses Rs. 5,000/- Total Rs. 2,12,800/- with interest @12% per annum from the date of filing of claim petition till realization.Appeal No. 82/1993 (Smt. Sarwati and others) 11. Age of deceased Iqbal was 45 on the date of the death. Vie was also a labourer on the truck. The tribunal awarded Rs. 66,000/- as total compensation to the appellant computing the loss of dependency at Rs. 300 per month multiplying it with 15 whereas it ought to have been determined at Rs. 800/- per month multiplying with 10. The amount of compensation granted by the tribunal is required to.be stepped up as under : Loss of dependency 80 x 12 x 10 = 96,000/- Loss of consortium Rs. 15,000/- Love and affection five children Rs. 5,000/- each Rs. 25,000/- Funeral expenses Rs. 5,000/- Total Rs. 1,41,000/- with interest @ 12% from the date of filing the claim petition till realization. Appeal No. 83/1993 (Smt. Keshar and others) 12. Age of deceased Mangti was 40 on the date of the death. The tribunal awarded Rs. 84,000/- as total compensation to the appellants, computing loss of dependency at Rs. 300 per month multiplying it with 20 whereas it ought to have been computed at Rs. 800/- per month multiplying with 15. The compensation awarded by the tribunal is required to be stepped up as under : Loss of dependency 800 x 12 x 15 = 1,44,000/- Loss of consortium Rs. 15,000/- Love and affection four children Rs. 5,000/- each Rs. 20,000/- Funeral expenses Rs. 5,000/- Total Rs. 1,84,000/ with interest @ 12% from the date of filing claim petition till realization. 13. In the ultimate analysis all the appeals are allowed in part. 15,000/- Love and affection four children Rs. 5,000/- each Rs. 20,000/- Funeral expenses Rs. 5,000/- Total Rs. 1,84,000/ with interest @ 12% from the date of filing claim petition till realization. 13. In the ultimate analysis all the appeals are allowed in part. The respondents are thus directed to pay to the appellants the compensation as under : (i) Smt. Ram Bai and others Rs. 2,02,800/- with interest as mentioned hereinabove. (ii) Shri Sukkha Rs. 26,300/- with interest as mentioned hereinabove. (iii) Smt. Sugni and others Rs. 1,41,000 with interest as mentioned hereinabove. (iv) Smt. Kesha and others Rs. 2,12,800/- with interest as mentioned hereinabove. (v) Smt. Sarwati and others Rs. 1,41,000/- with interest as mentioned hereinabove. (vi) Smt. Keshar and others Rs. 1,84,000/- with interest as mentioned hereinabove. 14. Other terms and conditions of the award of the tribunal are maintained. The amount of compensation which was already received shall be adjusted. Attempt shall be made by the respondents to pay the award within three months from today.Appeals Allowed- Compensation Enhanced. *******