Ranganath Misra, J.

1. On 21-10-1973 an Assam Government truck bearing registration number ASK.-4990 fatally knocked down one Kalipad Dev. He left behind his widow and two minor children who filed a claim for compensation under the Motor Vehicles Act asking for Rs. 1,20,000/- by pleading that the deceased had a monthly income of Rs. 400/- from his cycle repairing shop and confectionary shop and that he was aged 40 and would have lived upto the age of 70.

2. On the basis of evdence placed before the Tribunal, it found that the victim was 45 years old at the time of death, his contribution to the family was about Rs. 150/- per month and life expetency was 60. It awarded compensation of Rs. 25,000/-.

3. The claimants, preferred an appeal asking for escalation of compensation. The High Court reassessed the evidence but affirmed the Tribunal's findings that the deceased was 45 and his contribution to his family was at the rate of Rs. 150/- per month. It, however, held that the life span was upto 65 and calculating shortfall of life to be 20 years as a direct consequence of the accident, it calculated the amount to be Rs. 36,000/- and allowed a cut of Rs. 10,003/- and fixed the compensation at Rs. 25,200/ resulting in enhancement of compensation by Rs. 200/- in all.

4. The claimants are in appeal before us by special leave and their counsel has contended that the High Court miserably failed to give effect to the philosophy and sentiments with which it opened its judgment by suitably quantifyng the compensation. We agree that tde criticism is well justified.

5. The victim's age at the time of death has been fixed at 45 as against the case made out by the claimants that it was 40. We do not propose to disturb this finding. The span of life should have been taken to be 70 in view of high rise in life expectency. in the absence of any material evidence on behalf of the State, the evidence of the widow about the extent to contribution should have been accepted. A modest estimate should have led the High Court to fix it at Rs. 250/- per month On such basis, the total compensation works out to be 25 X 3000 = Rs. 75,000/-. In consideration of the fact that the compensation is being paid at a time and uncertainties of life are a relevant factor, we reduce the compensation by Rs. 15,000/-. The net amount is thus fixed at Rs. 60,000/-. Out of it Rs. 25,20/- has already been paid. Thus the balance is Rs. 34,800/-. For convenience we round it off at Rs. 35,000/-. In case this amount is not paid within two months, the Appellants shall become entitled to recover the amount with interest @ 12% per annum calculated from the date of the claim.

6. The Appellants shall be entitled to costs of this appeal which is assessed at Rs. 2,000/-.