BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against award of 7th Motor accidents Claims Tribunal, Bilaspur, dated 24. 11. 1998 in Claim Case No. 35 of 1998 whereby claimants have been awarded compensation of Rs. 76,500 with interest at the rate of 12 per cent per annum from the date of application till payment. ( 2 ) ACCIDENT took place on 20. 12. 1996 when the jeep No. MP 23-D 1595 owned by respondent No. 1 Shankar Viswas and driven by respondent No. 2 Ba. bban Viswas struck against stationary truck. Allegation is that this accident took place due to rash and negligent driving of the jeep by the driver as a result of which Dhanabai and her son Punendra Kumar alias Puren kumar died at the spot. The matter was reported to the police which registered case for offences under sections 279/337 304-A, Indian Penal Code. Claimants are husband and children of the deceased. ( 3 ) IT is submitted that Dhanabai was 31 years old and was maintaining good health. But for this accident, she could live for about 80 years. She used to do knitting and embroidery at home earning Rs. 50 to rs. 60 per day and Rs. 1,650 per month. She used to look after the family out of her earnings. As a result of accident, they have been deprived of the amount. Therefore, claim for Rs. 5,14,800 has been made. It is also submitted that the family has been deprived of affection and maintenance. Hence, claim on that account has also been raised apart from other items mentioned in claim petition, taking the total claim to rs. 9,12,800 with interest at the rate of 18 per cent per annum. ( 4 ) THE Tribunal has put the income of deceased Dhanabai at Rs. 450 per month and worked out dependency at Rs. 300 per month and applying multiplier of 15, compensation of Rs. 54,000 has been awarded on account of loss of dependency. A sum of Rs. 1,500 has been awarded towards funeral expenses, Rs. 5,000 towards loss of consortium and Rs. 4,000 to each of the children for loss of love and affection, taking the total to Rs. 76,500.
300 per month and applying multiplier of 15, compensation of Rs. 54,000 has been awarded on account of loss of dependency. A sum of Rs. 1,500 has been awarded towards funeral expenses, Rs. 5,000 towards loss of consortium and Rs. 4,000 to each of the children for loss of love and affection, taking the total to Rs. 76,500. ( 5 ) AFTER hearing the learned counsel for parties, we are of the opinion that the tribunal has not considered the matter appropriately with the result, just compensation has not been awarded after taking into consideration relevant principles. Evidence discloses that Dhanabai was doing knitting and embroidery work thereby earning rs. 50 to Rs. 60 per day taking the monthly income to Rs. 1,650. In the absence of evidence in rebuttal, it can be taken that deceased Dhanabai was earning Rs. 1,500 per month by doing embroidery and knitting apart from the duties as a housewife. On account of her death, the family has been deprived of the income as well as affection they were drawing. ( 6 ) TAKING the monthly income of deceased at Rs. 1,500 and after deducting 1/3srd of the same towards her personal expenses, the monthly dependency would come to Rs. 1,000 and yearly to Rs. 12,000. At the time of accident, according to the post-mortem report deceased Dhanabai was 45 years old. Proper multiplier in this case, therefore, would be 15. The claimants will, therefore, be entitled to Rs. 1,80,000 (Rs. 1,000 x 12 x 15 ). This apart, Ramsai, husband of deceased, would be entitled to Rs. 5,000 towards loss of consortium and Rs. 2,000 towards funeral expenses, taking the total amount of compensation to rs. 1,87,000. ( 7 ) THE appeal is, therefore, allowed. Respondent No. 3 Oriental Insurance Co. Ltd. is directed to pay compensation of rs. 1,87,000 (rupees one lakh eightyseven thousand only) to the claimants with interest at the rate of 12 per cent per annum from the date of application till payment. Costs on parties. Appeal allowed. .