4- The learned counsel for the appellant contended that the compensation awarded by the Tribunal is quite excessive, exorbitant and arbitrary. We have gone through the record and perused the impugned judgment. The Tribunal while deciding issue No.1 on the basis of evidence on record held that the accident was occurred due to the negligence on the part of the driver of offending bus. Undisputedly, the deceased was employed as Gardener in the C.P.W.D. Mussoorie and he was getting salary. Paper No.19-B which is the pay slip issued by P.W.D. Dehradun is on the record of the Tribunal which shows that the deceased was getting a monthly salary of Rs.2,201/- and he was 34 years 10 months and 19 days of age and he was less than 35 years. The Tribunal on the basis of evidence on record has rightly calculated the annual income of the deceased to be Rs.26,412/- at the time of accident and after deducting one-third, the dependency loss was rightly calculated as Rs.17,608/- per annum. The multiplier of 17 has also rightly been applied. Thus, after applying the multiplier in the net annual income, the total loss of dependency comes to Rs.2,99,336/-. The Tribunal has further rightly awarded Rs.5,000/- towards loss of consortium and Rs.2,500/- towards loss of state. Accordingly, the Tribunal awarded a total sum of Rs. 3,06,836/- as compensation to the claimants.
