Judgment:
S.B. Wad, J.
1. This is an appeal filed by the State of Haryana against the award of the Tribunal dated 23-7-1981, challenging the findings of the Tribunal in regard to the involvement of its bus No. HYA 703 in the fatal accident resulting in the death of Shri Ram Babu Sexana. Counsel for the parties have taken me through the evidence on record. There are eyewitnesses to the accident. I fully agree with the appreciation of the evidence by the Tribunal and do not find any ground to interfere with it. The appeal of the State of Haryana is, thereforee, dismissed.
2. There is cross-objection filed by the claimants. The claimants had claimed Rs. 3 lakhs as compensation before the Tribunal while the Tribunal granted Rs. 77,000/- only. It is submitted by the counsel for the objectors that the Tribunal was wrong in assuming that the dependency of the family was Rs. 500/- per month only. It is further claimed that the Tribunal was wrong in taking 15 as the multiplier. Counsel for the State of Haryana, however, supports the Tribunal on both these scores.
3. The income of the deceased was Rs. 763.95 per month as he was working as Junior Accountant in the Posts and Telegraph Department. The Tribunal has taken Rs. 500/- as his contribution to the family. Having considered the evidence on record I find that this finding of the Tribunal is correct. Normally the said amount, as is deducted by the Tribunal, has to be deducted on account of the personal expenses of the deceased. However, I find that the Tribunal has erred in taking 15 as the multiplier. The deceased was 38/39 years old at the time of the accident and would have normally retired at the age of 58. thereforee, the proper multiplier is 20. This brings the compensation to Rs. 1,20,000/-. The widow got the pension @ Rs. 200/- per month for the first seven years and @ Rs. 100/- per month for the remaining 13 years. She also got the employment in the Department on compassionate grounds. The employment could not have been claimed by her as a right, but the pension, as stated, was claimed as a matter of right. She has actually received that amount. That amount comes to Rs. 32,000/-. This has to be deducted from the total amount of compensation which the family would have got. Thus, the claimants are entitled to Rs. 87,600/- towards compensation.
4. The State of Haryana had deposited a sum of Rs. 77,000/-, the compensation awarded by the Tribunal, in the State Bank of India, Tis Hazari, Delhi, as ordered by this Court. It was also ordered that the interest on this amount should be credited to the account of the claimants. The Bank has already done that. The claimants would be entitled to withdraw this amount of Rs. 77,000/- plus interest, as accrued on the said amount, immediately without any security as they have succeeded in the cross-appeal.
5. The claimants Would be further entitled to 9 per cent simple interest on the balance of Rs. 10,600/- from the date of application till the date of realisation. Counsel for the claimants further states that since the marriage of the eldest daughter is taking place soon, the appellant State of Haryana may be directed to make the payment early. Counsel for the appellant agrees. List the appeal for directions on 13-3-1989.
6. Smt. Jai Devi, mother of the deceased, who was one of the claimants before the Tribuntal, died during the pendency of this appeal. Deceased Ram Babu Saxena was her only son and did not have any other heirs. Her share in compensation would, thereforee, go to Ms. Sarita, Mr. Sanjeev Kumar and Mr. Rajeev Kumar. The Bank will pay the respective amounts plus interest to claimants Shashi Prabha Sexana, Miss Sarita, Mr. Sanjeev Kumar and Mr. Rajeev Kumar, as directed by the Tribunal. The additional amount of compensation and interested, as directed by me should be paid to Smt. Shashi Prabha Saxena.