11. It is the evidence of PW.1- wife of the deceased that her husband used to earn Rs.3,000/- per month by plying rickshaw and that she and petitioner Nos.2 to 6 are dependents on him. It is the evidence of PW.2 that the deceased was the rickshaw puller and was earning Rs.100/- to Rs.150/per day. PW.2 is also the rickshaw puller and that he is the eye witness to the accident. As observed by the Tribunal there was no material on record to prove that the deceased was earning Rs.3,000/- per month except oral testimony of PWs 1 and 2. As per Second Schedule under Section 163-A of the Motor Vehicles Act, 1988, non- earning person’s income has to be fixed at Rs.15,000/- per annum. In this case, the evidence of PWs 1 and 2 is that the deceased was a rickshaw puller and was earning Rs.3,000/- per month. In the circumstances and the deceased was non-earning member person, in fact, he was living by plying rickshaw and also to meet the ends of justice, this Court is of the view that the Tribunal ought to have fixed the income of the deceased at Rs.2,000/- per month, which is just and reasonable, and as such this Court has fixed the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. Since there are six dependents, 1/4th of the income has to be deducted towards personal expenses of the deceased and thus, the loss of dependency is Rs.18,000/per annum. Further, Ex.A.2 - post-mortem certificate indicates that the deceased was 48 years at the time of his death in the accident. As per the decision of the Apex Court in Sarla Verma v. Delhi Transport Corporation (supra), the appropriate multiplier for a person aged 48 years is “13” and thus the total loss of dependency would come to Rs.2,34,000/- (Rs.18,000/x 13), apart from that the petitioner No.1 is entitled to Rs.16,000/- towards loss of consortium. Therefore, the petitioners are held to be entitled to a total compensation of Rs.2,50,000/-. Since the petitioners were awarded
