Hon'ble RAFIQ, J.—This appeal has been preferred by the appellant who were parents of the Imdad who died in a road accident involving the bus owned by Haryana Roadways, Rewari. Two separate claim petitions were filed; one by wife of the deceased bearing No.315/01 and another bearing No.316/2001 by father and mother of the deceased. The Tribunal awarded a sum of Rs.2,51,000 as compensation to the wife of the deceased, however, granted only Rs.10,000 each as compensation for love and affection to the parents, thus total sum of Rs.20,000/- was awarded to both of them. The insurance company has not assailed the award and thus the payment of entire amount awarded to the claimants have been made. Dissatisfied with the quantum of compensation, parents of deceased have approached this Court by filing this appeal. 2. Shri B.B. Ojha, learned counsel for the appellants has cited the judgment of Madras High Court in P. Rengarajan & Anr. vs. Santhi & Ors.-1999 ACJ 491 and argued that according to that when wife and mother are available, father is not held to be heir and therefore 2/3rd compensation should be awarded to the wife and 1/3rd to the mother. It was argued that even otherwise the multiplier of 15 was adopted whereas the proven age of the deceased was 30 years and according to the judgment of Supreme Court in Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr.-(2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), the multiplier of 17 should have been adopted and as per Second Schedule appended to the Motor Vehicles Act, the multiplier of 18 is applicable. Learned counsel submitted that income of the deceased has also not been correctly assessed. It has been held that deceased used to earn Rs.2,000 per month, whereas he is working at Jaipur and therefore income should have been accepted at least Rs.3,000 per month. 3. None has appeared for the respondents, however, the matter is heard and decided on the basis of findings recorded by the learned Tribunal. 4. As far as income is concerned, the incident pertains to the year 1999 and at that relevant time, the minimum wages for a labourer certified by the government was not more than what has been awarded by the Tribunal.
4. As far as income is concerned, the incident pertains to the year 1999 and at that relevant time, the minimum wages for a labourer certified by the government was not more than what has been awarded by the Tribunal. The Tribunal has accepted this to be 65 per day and on that basis accepted income of the deceased to be Rs.2,000 per month and deducted 1/3rd towards self expenses and accepted the factum of dependency to be Rs.1350 per month. However, the Tribunal was not justified in not awarding any amount out of compensation payable, to the appellants; who were mother and father of the deceased and awarding entire amount to the widow, who was quite young i.e. aged 22 years and had the prospects of getting remarried. The multiplier of 15 is not the correct multiplier as per the age of 30 years and in view of the judgment of Supreme Court in Sarla Verma, supra multiplier of 17 should be adopted. Doing so, the quantum of compensation comes to Rs.1350 x 12 x 17 = Rs.2,75,400. The amount of Rs.10,000 each for deprivation of love and affection also deserves to be marginally enhanced and it is made Rs.15,000/- to mother and Rs.15,000/- to father. Thus the entire differential compensation and the enhanced amount of Rs.10,000 for loss of love and affection is ordered to be paid to the claimants together with interest @ 7.5% from the date of filing of claim petition. 5. The appeal is accordingly allowed. 6. Compliance of the judgment be made within a period of three months from the date copy of this judgment is produced before the respondents.