1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1157/2000 (Smt.chanda and ors. Vs. Jasbeer and ors.) Date of Judgment : 18-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.S.R.Joshi, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellants-dependents of deceased Shafi Mohd. for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sambhar Lake, Distt. Jaipur vide judgment dated 20.5.1999 whereby a sum of Rs.2,26,000/- was awarded for the death of deceased caused in the accident. 3. The only challenge in the present appeal pertains to quantum of compensation. 4. The learned counsel for the appellant submits that the Tribunal has assessed the income of deceased on lower side and atleast Rs.2100/- deserves to be assessed as his 2 monthly income so that dependency may come to Rs.1400/-. It is further submitted that in view of Judgment of Hon'ble Apex Court in Sarla Verma and ors. Vs. D.T.C. And ors.- 2009(6) SCC, 121, appropriate multiplier of 18 deserves to be adopted looking to the age of deceased b eing 22 years. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and that the finding of Tribunal calls for no interference. It is also submitted that income assessed by the Tribunal is on higher side as the deceased has not filed any income tax return though his income is stated to be Rs.41,000/- per annum. 6. On hearing rival contentions,and going through the award as also record of the case,it is revealed that the matter pertains to the year 1993 and the deceased was survived by widow, one minor daughter and mother. The deceased was 22 years of age and 3 was engaged in marble supply business and the fact that he was trader in marble stone is supported from the evidence adduced on record as well as from the copy of ledger accounts, though there is no conclusive proof of income of deceased being Rs.41,000/- but in view of dependency and the nature of job that he was engaged in, indicates that his income was higher than what has been assessed by the Tribunal and, therefore, income deserves to be assessed as Rs.2100/- per month so that dependency can be assessed to be Rs.1400/- per month as submitted by the learned counsel for the appellants. That apart, following the guidelines of Hon'ble apex Court in Sarla Verma's case (supra), multiplier of 18 deserves to be adopted. Thus amount of compensation can be computed as under: Rs.1400x12x18(multiplier)= Rs.3,02,400- Rs.2,04,000(already awarded)=Rs.98,400/-(to be additionally awarded) 7. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.98,400/- by way of additional enhanced 4 compensation from the date of appeal i.e. 17.8.99, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.37