JUDGMENT
Amarjeet Chaudhary, J.
1. The Motor Accident Claims Tribunal, Bhiwani, on a claim petition filed by Smt. Mari and her two minor grand children, namely Sonu and Monu, had awarded a sum of Rs. 1,34,000/- to the claimants alongwith interest at the rate of 12% per annum from the date of claim petition, on account of death of Jagdish son of Smt. Mari and father of Sonu and Monu. Out of the amount of compensation, a sum of Rs. 34,400/- was to go to the share of Smt. Mari and. the remaining amount of Rs. 1,00,000/- was to be shared equally by Sonu and Monu. Since they were minors, the compensation amount was to be deposited in some nationalised bank in fixed deposit in their names.
2. Dissatisfied with the claim, the claimants have come in the appeal for enhancement of compensation.
3. The challenge to the award is that the deceased was earning Rs. 5,000/- per month by running a diary business and from the agricultural land but the Tribunal had wrongly assessed the income of the deceased at Rs. 1,000/-.
4. The appeal has been resisted by the respondents and it has been argued that the income of the deceased and the dependency of the claimants on the deceased has been properly worked out.
5. I have considered the submissions of learned counsel for the parties and perused the paper book.
6. It would not be out of way to say that in the said accident, Sonu and Monu have lost their mother also, on account of which no compensation has been awarded to them. Now the entire burden to bring up the Children would be on Smt. Mari, who is their grand mother.
7. I am of the view that as per the present wages which are being paid to a daily wager, the monthly income of a daily wager cannot be less than Rs. 1250/-. Thus, taking the income of the deceased at Rs. 1250/- per month and after deducting 1/3 as his personal expenses, the monthly dependency of the claimants on the deceased is worked out to Rs. 850/- i.e. the annual dependency comes to Rs. 10,200/- and by applying a multiplier of ’16’ the total compensation to which the claimants would be entitled to comes to Rs. 1,63,200/-. The claimants are also held entitled to the interest at the rate of 12% per annum from the date of claim petition. The amount of compensation already awarded is to be adjusted. Out of total amount of compensation, a sum of Rs. 40,000/- shall go to the share of Smt. Mari and remaining amount of Rs. 1,23,200/- shall be shared equally between Sonu and Monu. Since they are minor, the amount of compensation is to be deposited in some nationalised bank in fixed deposit in their names and shall be paid to them on their attaining majority.
8. The award of the Motor Accident Claim Tribunal, Bhiwani is modified to the extent indicated above.
9. F.A.O. is allowed accordingly. However, there will be no order as to costs.