The appropriate method for calculating compensation in wrongful death cases involves reasonable estimations of income and applicable multipliers for loss of dependency.

1. Civil Appeal No. 20972 of 2017:
Heard learned counsel for the parties. The appellants are before this court assailing the judgment dated 27.5.2016 passed by the High Court of Himachal Pradesh at Shimla insofar as the quantum of compensation awarded at a sum of Rs. 9,64,160 while enhancing the amount awarded by the Motor Accidents Claims Tribunal (for short 'MACT') on 25.5.2015.

2. The fact of the accident having occurred and the cause of action having arisen for the claim, there is no doubt. The only aspect which requires consideration in this appeal is with regard to the appropriate amount to be awarded towards loss of dependency. In that regard, the claim made was that the deceased was earning a sum of Rs. 10,000 per month being Rs. 6,000 towards salary and Rs. 4,000 from giving tuition. Even if the nature of evidence tendered and the consideration made by the Tribunal is taken note of, insofar as excluding the amount claimed towards the tuition, it is justified.

3. The only aspect to be taken note of is the appropriate monthly salary to be reckoned. In that regard, apart from the evidence tendered by the claimant, a co - employee who had worked with the deceased was also examined. In that circumstance in the year 2008, when it is claimed that the deceased was a computer operator, the salary of Rs. 6,000, as claimed, cannot be considered as excessive. If that be the position, the said amount is required to be reckoned and further calculation towards loss of dependency is to be made. Hence, towards the said amount, keeping in view the fact that the deceased had a permanent avocation from which he was earning salary which is lost to the family, the future prospects in the present facts is required to be reckoned at 50 per cent. If the same is done, the total salary would be in a sum of Rs. 9,000 for the purpose of calculation. 1/3rd of the amount is required to be deducted towards personal expenses whereupon the remainder, on taking into consideration the annual loss of dependency, the multiplier of '15' is required to be applied.

4. The compensation would work out to a sum of Rs. 10,80,000 under the head of loss of dependency. The High Court has awarded a sum of Rs. 8,39,160 as loss of dependency. The balance amount of Rs. 2,40,840 towards loss of dependency shall be the enhanced compensation with interest at 7.5 per cent p.a., in addition to the compensation which has already been awarded by the High Court. The difference of the amount with interest shall be deposited by the insurance company before the MACT within six weeks from the date of receipt of a copy of this judgment. On deposit, the MACT shall disburse the same to the claimant(s).

5. In the above terms, the appeal is disposed of.

6. Civil Appeal No. 400 of 2018:
The appellants are before this court assailing the judgment dated 27.5.2016 passed by the High Court of Himachal Pradesh at Shimla in FAO No. 128 of 2016.

7. In respect of the accident occurred on 4.11.2008, the appellants herein were before the Tribunal seeking compensation for the death of the husband of the appellant No. 1 (claimant No. 1) and the father of the remaining claimants. Motor Accidents Claims Tribunal (for short 'MACT') through its award dated 22.5.2015 awarded a sum of Rs. 4,26,000 which was thereafter enhanced to Rs. 6,44,800 by the High Court through its judgment dated 27.5.2016.

8. The claim was that the deceased was working as a carpenter and he had sufficient income which he was providing for the family. Though the claimant No. 1 - wife in her evidence stated that the deceased was working in the Forest Department to undertake wood work and was earning a sum of Rs. 20,000, no material was p