( 1 ) THE present appeal is directed against the award dated April 28, 1980 passed by shri R. C. Chopra, Judge, Motor Accident Claims Tribunal, Delhi.

( 2 ) THE appellants had filed an application under Section l10-A of the Motor Vehicles Act, 1939 for grant of compensation in the sum of Rs. 50,000. 00 on account of death of their mother Smt. Bharawan Bhai. The deceased, it is stated, was in the act of crossing the road on May 13, 1972 at about 8. 45 p. m. at the crossing of safdarjung Hosptial, New Delhi, when truck bearing No. DLL-5861 came from the side of Vinay Nagar at a fast speed and without giving any horn knocked down the deceased. The driver of the truck could not control his truck at the relevant time and could not apply brakes as it was going at an excessive speed. It was further alleged that the said vehicle had come from Vinay Nagar side in spite of red fight and, therefore, the driver was rash and negligent. The deceased died at the spot as a result of the injuries. The driver of the truck, respondent No, 1, was in the employment of respondent No. 2 who was the owner. Respondent No. 3 was the insurer of the said truck and, therefore, they were all liable to pay compensation.

( 3 ) THE appellants are the children of the deceased but appellants 4 to 7 were married before the accident and appellant No. 3 got married later on. The appellants claimed compensation on account of loss of service of the deceased and also for the loss of earnings of the deceased which she was having from doing tailoring work.

( 4 ) THE respondents filed their written statements and denied their liability as it was contended that the accident took place due to the fault of the deceased herself. The factum of accident was not denied and it was also admitted that respondent No, 1 was the driver, respondent No. 2 was the owner and respondent No. 3. was the insurer of the offending truck. The Insurance Company, respondent No. 3 herein filed its written statement and admitted that the offending vehicle was insured with the company.

( 5 ) THE following issues were framed on the pleadings of the parties:

1. Whether Shrimati Bharawan Bhai sustained fatal injuries as a result of rash and negligent driving of truck No. DLL 8565 on the part of the respondent No. 1, at alleged ?

2. Whether the petitioners are the legal representatives of the deceased?

3. To what amount of compensation, if any, are the petitioners entitled and from whom?

4. Relief.

( 6 ) THE Tribunal disposed of issue No,1 by holding that the accident did not take place due to any fault on the part of the deceased who sustained fatal injuries as a result of rash and negligent driving of offending truck on the part of respondent No, 1. The appellants were held to be the legal representatives of the deceased and issue No. 2 was decided accordingly. The learned Judge then considered the quantum of compensation to be awarded to the appellants and assessed the value of the service of the deceased at Rs. 200. 00 per month. He further made deduction of Rs. 100. 00as expenses which the deceased was expected to spend on herself in case she had remained alive. The loss of the deceased was assessed at Rs. 100. 00 per month and by using a multiplier of 10 the total amount of damages as a result of death of the deceased was assessed at Rs. 12,000. 00 only. The deduction at the rate of 10% was made on account of contingencies of life and lump sum payment and the amount was further reduced to Rs. 10,800. 00.

( 7 ) THE Tribunal then adopted a very unusual formula and granted further split of the amount in favour of appellant Nos. 1 and 2 inasmuch as at the time of accident the said appellants were aged 14 and 24 years respectively and the compensation was awarded on the basis of the services of the deceased towards these two children in the region of Rs. 4,800. 00 and Rs. 6,000. 00 respectively.

( 8 ) THE Tribunal has taken note of the fact that no amount of money can console the children whose mother has

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