considered the income i.e. contribution of the deceased in agricultural income upto Rs. 4000/- p.m., which is found reasonable. The learned Member of the tribunal has deducted 1/3rd amount and considered the contribution of the deceased to the family income was Rs. 36,000/- per annum. Nothing can be faulted with the order passed by the learned Member of the tribunal on the point of negligence and also on the point of income. However, in para 12 of the said judgment and award, the learned Member has mentioned that the deceased was 52 years old and by applying the provisions laid down by the Supreme Court in the case of Sarla Varma and others V/s. Delhi Transport Corporation and another reported in 2009 ACJ 1298 , he has adopted multiplier 13 instead of 11. Hence, the judgment and award passed by the learned Member of the tribunal in respect of the amount of compensation is to be modified accordingly by applying multiplier 11 instead of 13 and thus, the amount of compensation comes to Rs. 3,96,000/- instead of Rs. 4,98,000/- and the remaining amount of the compensation and the rate of interest is maintained. Hence, First Appeal is partly allowed.
