Full Judgment
S.B. Wad, J.
1. The accident took place on 20/21-11-1967 20/21-11-1967 in which one Sharif died in the accident caused by Truck No. DLG 5228. There is no cross appeal. thereforee, the appeal is limited only to the quantum.
The deceased was 25 years old at the time of the accident and the claimants are mother, father and the widow. The widow has since been remarried and, thereforee, she is not entitled to any compensation. The claimant had claimed Rs. 35,000/- as compensation while the Tribunal awarded Rs. 5100/-.
2. The Tribunal has rightly come to the conclusion that the deceased was earning Rs. 150/- per month. The petitioner's father was 60 years old and his mother was 55 years old at the time of the accident. thereforee, the Tribunal was right in taking ten as the multiplier. However, considering the income of the deceased which was almost the minimum wages at the relevant time, I am not inclined to deduct more than Rs. 50/- per month on the personal expenses. I, thereforee, hold that the family was getting Rs. 100/- per month from the deceased. The Tribunal was further wrong in making a deduction of Rs. 900/- for lumpsum payment.
3. The Tribunal found that the owner of the truck was issued a cover note No. 4212 for Insurance for the period between 27-3-67 to 26-3-1968. The owner had issued a cheque for the premium but the same was dis-honoured. In other words, there was no policy covering the owner of the truck at the relevant time. The Tribunal was right in excluding the respondent Insurance Company from any liability. The liability is, thereforee, of the owner and the driver jointly and severally.
4. The claimants are thus entitled to Rs. 12,000/- as compensation. They would also be entitled to interest @ 6 per cent from March, 1970 till the date of payment. The owner and the driver are directed to deposit the amount of compensation and interest, as directed, by a cheque with the Registrar of this Court within two months. The Registrar shall disburse the amount, after issuing notices to the claimants.
5. For the reasons stated above the appeal is allowed.