Hemant Gupta, J.
1. The present appeal is against the award dated 29.8.1991, passed by the learned Motor Accident Claims Tribunal, Faridabad, whereby a sum of Rs. 1,50,000 was awarded as compensation to the appellants.
2. In a motor vehicular accident on 30.6.1989, Rajesh Kumar, who was working as Supervisor at a Stone Crusher, has died. His wife, two minor sons, two minor daughters and mother, as his legal heirs and dependents, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, for claiming compensation of Rs. 5.00 lakh. It is pleaded that Rs. 2,500 was the monthly income of the deceased besides other perks like free residential accommodation.
3. The learned Tribunal found that the monthly income of the deceased was Rs. 1,200 per month, on the basis of statement of PW 3-Sita Ram, the employer. However, the facility of rent free accommodation or conveyance in connection with the employment was not taken into consideration and 65% of the salary was considered as dependency and, thus, worked out total amount of compensation payable as Rs. 1,49,760, rounded off to Rs. 1,50,000 after applying 16 as multiplier.
4. After going through the award of the learned Motor Accident Claims Tribunal, I am of the opinion that exclusion of money equivalent in respect of rent free accommodation is not justified. The provision of rent-free accommodation is a facility for keeping the family and, therefore, the same is required to be taken into consideration. The same are assessed as Rs. 400 per month, keeping in view the salary of the deceased which was Rs. 1,200 per month. Still further, there was six persons who were dependent on the deceased. Therefore, finding that the deceased contributed 65% of the salary is not justified. In view of a large number of dependents, I deem it appropriate to determine that the deceased must be spending 3/4th of his income for the maintenance of his dependents.
5. In view of the above, Rs. 1,200 is the amount of monthly dependency, therefore, after applying the multiplier of 16 (1,200 12 16), Rs. 2,30,400 would be the compensation be payable to the wife and children in equal shares.
6. Consequently, the present appeal is allowed and an amount of Rs. 2,30,400 is determined as compensation payable to the appellants. The appellants shall be entitled to the interest @ 8% per annum from the date of filing the claim petition till its realisation.