Judgment:-Mother, in her old age, whether should be considered as an asset or liability to the family is the issue raised in this appeal. Whether those who are in the morning of the life and in the evening of the life alone can be construed to be the dependants and or those are in the middle i.e. grown up children also can be considered so, is yet another issue to be decided. 2. The major children of the deceased have filed this appeal praying for enhancement of compensation. In respect of death of the mother, in the accident that took place on 28.01.2010, the claimants filed a claim petition claiming a sum of Rs.8,00,000/- as compensation. 3. The deceased, stated to be 45 years old at the time of accident was a fruit vendor, earning a sum of Rs.250/- per day. According to the averments in the petition, on 28.01.2010, the mother of the deceased was walking in the road and at that time, the offending vehicle namely car bearing registration number TN 45AD-0999 came in a rash and negligent manner and hit against the deceased. 4. The contention of the claimants was that both the sons were depending upon the income of the deceased and therefore, they have suffered loss of dependency, apart from loss of love and affection. 4.1 There had been serious dispute with reference to age of the deceased, the claimants contending that the age was 45 and the respondents contending that the age was 60. The Tribunal rejecting the age as mentioned in the Voter's Identification Card, held the age of the deceased was 60, relying upon postmortem certificate and other hospital records. 5. The Tribunal has awarded a lumpsum of Rs.1,00,000/- as compensation towards loss of love and affection. Excepting that, no compensation has been awarded under any of the relevant head. The Tribunal has not awarded any compensation towards loss of dependency and funeral expenses. 6. The Tribunal has given a finding that the deceased was not survived by unmarried daughter, minor son or age old husband. The other observation is that due to old age she would be depending upon her sons and the petitioners would be in a position to spend for her medical expenses and also for her maintenance. So observing the Tribunal has held that the petitioners cannot be the dependants of the deceased. 7. The other observation is that due to old age she would be depending upon her sons and the petitioners would be in a position to spend for her medical expenses and also for her maintenance. So observing the Tribunal has held that the petitioners cannot be the dependants of the deceased. 7. Whether the finding of the Tribunal that at the age of 60, the deceased would not have been in a position to earn and the finding that she would have been a dependent upon the sons of the deceased can be accepted, is the issue to be decided. The learned counsel for the claimants contended that the finding of the Tribunal on dependency is unjustified especially when the deceased was the head of the family and evidence was let in to show that the deceased was earning and contributing to the family. The decision reported in 2012 ACJ 1428 (Santosh Devi v. National Insurance Co. Ltd.) is relied upon where the Honourable Supreme Court has held that the major sons cannot be denied compensation when they were depending upon the income of the father without any evidence to the contrary regarding dependency. Just because the petitioners have attained majority, it cannot be concluded that they cannot be the dependants. As the children grow, the nature and the extent of dependency may vary depending upon the needs of the children, but it can never be said that they cannot be the dependants. Apart from that, the dependency of a family upon the aged mother, need not necessarily be a financial dependency, but it can be emotional dependency/psychological dependency or moral dependency. A word of advice, a word of solace or a word of caution which would provide complete solace/solution, which nobody else can provide. 8. Mother, considered equivalent to God, well known for her role in the creation, development and protection of the children in the family, has no retirement from the household service. There may be age for retirement from the Government service or Private service and not from household services. Nor the aged women are accustomed to or attached to the concept of tiredness. It is a common scene and a common knowledge the aged parents remain as beacon light for the future generations in the family. 9. There may be age for retirement from the Government service or Private service and not from household services. Nor the aged women are accustomed to or attached to the concept of tiredness. It is a common scene and a common knowledge the aged parents remain as beacon light for the future generations in the family. 9. In these days when nucleus of split families, who have moved away from Joint families for their own convenience and freedom, leave their children in Creche and at the care of Housemaids/Governess. The parents have no time to spare for the children and children are glued to Idiot box. These kids grow violent without any knowledge and emotional value of any siblings and other relations. 10. The Old people are repository of knowledge. They have experienced the ups and down, the best and the worst of life. So they can pass on their experiences to younger generations from which they can benefit. The role of aged mother can be either all or any one of the following; 1.They take care of the kids, 2.Provide them with the inputs of their experience , knowledge and emotional value of family and 3.Groom the children, as a good, obedient and bright children and Law abiding future citizen. There is an intangible string of emotional attachment among them. When they are happy in the family, they are happy outside and spread happiness to others as well. 4.New generation can instantly take the knowledge and guidance of old people, gained by them, out of experience without spending much time. 5.Just their presence in family will prevent other people with ulterior motive to peep in to our family matters and thereby avoiding crack in family relationship. Therefore, the finding of the Tribunal that the mother would be a liability to the family by being a dependant cannot be accepted and it is set aside. 11. The learned counsel for the claimants submitted that as per the evidence in the Court the deceased was doing fruit vending. The son has stated in the first information report that on the date of accident, the son and the mother had been to the market to purchase fruits. 12. 11. The learned counsel for the claimants submitted that as per the evidence in the Court the deceased was doing fruit vending. The son has stated in the first information report that on the date of accident, the son and the mother had been to the market to purchase fruits. 12. The Court can take judicial notice of the fact that there are old persons, who are on wheels, seen even in moving trains as well as in markets and those who are not able to move, sit and do business on the road side even. Just because the deceased was aged 60, the contention that she was not earning, cannot be accepted. When there is escalation in the costs of price, nobody can afford to sit and eat. In this case there is positive evidence, as contended by the claimants, that she has been engaged in fruit selling. It is specifically stated that she used to carry the load over the head and used to sell fruits in the villages. 13. The Tribunals are not expected to turn Nelson eye to the positive evidence and to act on whims and fancies or presumptions. When the legislation aims for social justice, this kind of attitude and approach towards the award of compensation would frustrate the object of legislation and therefore, it should have been avoided. 14. Considering the evidence adduced, the monthly income of the deceased is fixed at Rs.3,000/- and after deducting 1/3rd towards personal expenses, the monthly dependency would be Rs.2,000/- and annual dependency would be Rs.24,000/- . Adopting the multiplier 9 and taking the age as 60, the total compensation towards loss of dependency would come at Rs.2,16,000/- (Rupees two lakhs sixteen thousand only). 15. Whenever, multiplier method is adopted for quantifying loss of dependency, the award of compensation under conventional head should be nominal only. Therefore, awarding a sum of Rs.5,000/- each towards loss of love and affection and a sum of Rs.5,000/- towards funeral expenses, the total compensation would come at Rs.2,31,000/- (Rupees two lakhs thirty one thousand only). 16. Thus, the insurance company shall pay a sum of Rs.2,31,000/- (Rupees two lakhs thirty one thousand only) with 7.5% interest from the date of petition till the date of deposit. It is represented that the insurance company has already deposited a sum of Rs.1,00,000/-. 16. Thus, the insurance company shall pay a sum of Rs.2,31,000/- (Rupees two lakhs thirty one thousand only) with 7.5% interest from the date of petition till the date of deposit. It is represented that the insurance company has already deposited a sum of Rs.1,00,000/-. Therefore, the insurance company shall deposit the remaining award amount of Rs.1,31,000/-(Rupees one lakh thirty one thousand only) along with interest, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimants are permitted to withdraw their respective share as per the ratio apportioned by the Tribunal. The civil miscellaneous appeal is allowed. No costs.