JUDGMENT 1. - Heard learned Counsel for the parties. 2. This appeal arises out of an award passed by the Motor Accident Claims Tribunal, Sawaimadhopur dated 20th May, 1998. The appeal has been filed by the claimants. 3. The facts giving rise to this appeal are that an accident occurred on 6th June, 1990 wherein the deceased Smt. Gulab, wife of Ramkaran appellant No. 1 died. The appellant Nos. 2 to 4 are the sons of the deceased Smt. Gulab. As per finding given in the award, the income of the deceased was assessed as Rs. 600/-. The only submission made by the learned Counsel or the appellant is that the learned Tribunal erred in assessing the income of the deceased by making deduction of l/3rd and allowing contribution of Rs. 400/- only per month towards his family. Learned Counsel for the appellant submitted that this Court in case Rama Nand v Lalita Sharma & Ors., reported in (1992) II A.C.C. p. 75 has held that "in the case of low income persons as of deceased with more number of dependents, no deductions for personal expenses should be made in computing family dependency and justice should be done to the dependents who had lost their sole bread-eamer of the family." The reliance has been placed at para No. 8 of the said judgment. 4. I am in respectful agreement with the judgment cited above and in the instant case, the facts are similar to the case of Rama Nand cited above. In the case of Rama Nand, income was assessed as Rs. 500/- per month and the dependency by way of contribution towards family after deduction was assessed as Rs. 300/- per month. In the facts and circumstances of that particular case, the deceased was held to be a person of low income group and therefore, treating the person as such, this Court held that in such cases, the deceased person of low income group hardly utilizes the income for his or her personal use. Consequently, the entire income of the deceased was considered to be as contribution to his family. 5. In view of the aforesaid, the award passed by the learned Tribunal is modified to the extent that the quantification of damages would be assessed treating as the income of the deceased to be Rs. 600/- per month without any deduction.
Consequently, the entire income of the deceased was considered to be as contribution to his family. 5. In view of the aforesaid, the award passed by the learned Tribunal is modified to the extent that the quantification of damages would be assessed treating as the income of the deceased to be Rs. 600/- per month without any deduction. The Tribunal has applied the multiplier as 20 needs no interference. The amount of compensation amounting to Rs. 96,000/-which was awarded by the learned Tribunal is enhanced to Rs. 600/- per month multiplied by 12 equal to 7,200 x 20 = 1,44,000/-. The rest of the award shall remain in tact with no change. The difference in the amount of compensation on account of enhancement of Rs. 96,000/- to 1,44,000/ -, i.e., Rs. 48,000/- (Rupees Forty eight thousand) shall be paid within a period of 3 months from the date of filing of copy before the Insurance Company by the claimants. The said amount of difference of Rs. 48,000/ - will be paid with interest @ 12% as awarded by the Tribunal w.e.f. the date of filing of the claim petition. 6. The appeal is allowed in part as indicated above. There will be no order as to costs.Appeal allowed in part. *******