1 S.B.CIVIL MISC. APPEAL NO. 582/2004 (Smt.Dhanbai Vs. Ram Swaroop and ors.) Date of Judgment : 12-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Pankaj Gupta, for the appellants. Mr.Inderjeet Singh, for the respondents. This appeal has been preferred by the dependents-claimants of deceased Harsa for enhancement of compensation awarded by by learned Motor Accident Claims Tribunal, Bandikui, Distt. Dausa vide order dated 11.3.2004 whereby a sum of Rs.2,96,000/- was awarded by way of compensation for the death of deceased. 2. The only challenge in the appeal pertains to the quantum of compensation. 3. Learned counsel for the appellant-claimants submits that at the time of death, deceased was 30 years of age, therefore, multiplier of 18 should have been adopted by the learned Tribunal but it has failed to consider the same. It is 2 further submitted that the learned Tribunal has assessed the income of the deceased to be Rs.70/- per day and compensation has been computed after deducting 1/3rd amount as against his own expenses but the income of the deceased should have been assessed equivalent to that of skilled labour i.e. Rs.84/- per day. 4. Per contra, the learned counsel appearing on behalf of the respondent-Insurance Company submitted that the learned Tribunal has considered the evidence adduced before it, and has awarded the adequate compensation, and thus the award of learned Tribunal calls for no interference. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased was 28 years of age and the learned Tribunal should have adopted the multiplier of 18 instead of 16. Likewise as submitted by learned counsel for the appellant, deceased was working as 'Halwai' and his earning may be considered equivalent to that of skilled labour and his 3 monthly earning should be computed @84/- per day and compensation deserves to be computed as under: 84 x 30 x 12 x 18 (multiplier) -1/3rd = 362880- 2,56,000 = 1,06,880/-. 6. Accordingly, appeal of the appellant is partly allowed and the additional amount of Rs.1,06,880/- shall be paid to the claimant- appellants with 8% interest to be paid within three months from the date of filing appeal i.e. 24.3.2004 (GUMAN SINGH),J. Srawat/- item no.66