the wife and second and third petitioners are his minor children, aged 6 and 2 and ½ years respectively. The first Petitioner died pending the claim petition. Thereafter, it appears that the fifth claimant has been impleaded and the fourth petitioner is the mother of the deceased. It is relevant to note that P.W.1 in his evidence stated that the deceased was a Mason by profession aged 33 years. This Court is of the view that even according to the Minimum Wages Act, at the relevant point of time, the monthly income of the deceased would be Rs.12,000/-, whereas, the Tribunal has fixed only Rs.8000/- as notional income. Accordingly, this Court considering the age of the deceased and his profession fixed the monthly income of the deceased at Rs.12,000/-p.m., and after adding 40% towards future prospects and by deducting 1/4th towards his personal expenses, the monthly income of the deceased comes to Rs.12,600/- and by adopting proper multiplier of '16' to the age group of the deceased, the loss of dependency comes to Rs.24,19,200/-(Rs.12,600x12x16=Rs.24,19,200/-). It is relevant to note that the trial Court has in fact deducted one third towards personal expenses considering the fact that the first claimant died during the pendency of the claim petition. It is relevant to not that the Apex Court in Kirthi and another vs. The Oriental Insurance Company Limited reported on
