S.S. Sodhi, J.
1. Sukhdev Singh Bhatia deceased while standing near a weigh bridge in Yamuna Nagar was run over and killed by a tractor trolley.
2. It was the finding of the Tribunal that the accident here had been caused entirely due to the rash and negligent driving of the tractor driver.
A sum of Rs. 57,600/- was awarded as compensation to the claimants, they being the widow and three minor children of the deceased.
3. The only point arising for determination in this appeal is with regard to the quantum of compensation payable to the claimants.
4. The evidence on record shows that Sukhdev Singh Bhatia deceased was only 40 years of age at the time of his death. He died leaving behind his widow Jasmeet Kaur, aged 33 and their three minor children ranging in age from 5 to 12 years. All the claimants were dependent upon the deceased.
5. Further, it has come in evidence that Sukhdev Singh Bhatia deceased was a timber merchant and was also a Government contractor. It was the unchallenged testimony of AW-3, Balbir Singh, the brother of the deceased, that he had an income of Rs. 18,000/- per annum. In the claim application, however Rs. 15,000/- per annum was mentioned as the income of the deceased and this is the figure that the Tribunal took as the income of the deceased.
6. The compensation payable in such cases has to be assessed keeping in view the situation and the circumstances of the claimants and the deceased in the light of the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur . Seen in this light, 16- would clearly be the appropriate multiplier to be applied in this case. It would be fair and just to take the loss to the claimants at Rs. 10,000/- per annum. This would work out to Rs. 1,60,000/-. The amount claimed was, however, only Rs. 1,50,000/- and consequently, the award must be restricted to this sum.
7. The compensation payable to the claimants is hereby enhanced to Rs. 1,50,000/- which they shall be entitled to alongwith interest at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded. Out of the amount awarded, a sum of Rs. 25,000/- each shall be payable to the children of the deceased and the balance to his widow. The amount payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest.
8. The liability for the payment of the amount awarded shall be joint and several of the driver and owner of the tractor involved in the accident. No liability can be fastened upon the Insurance Company with which the tractor was insured in view of the fact that the driver of the tractor was not possessed of any driving licence.
9. This appeal is consequently accepted with costs. Counsel's fee Rs. 300/-.