1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1006/2008 (Smt.Paras Devi Vs. Ghan Shyam and ors.) Date of Judgment : 20-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Praveen Jain,for the appellants. Mrs.Archana Mantri & Mr.Aditya Mathur, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Dhanroop for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kekri vide judgment dated 1.6.2006 whereby a sum of Rs.8,10,000/- was awarded by way of compensation for the death of deceased in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the 2 learned Tribunal has not taken into consideration the entire salary of the deceased which the deceased was getting at the time of death but the learned Tribunal has taken into consideration the cash amount which he was taking to home after deduction. It is also submitted that date of birth of the deceased was 18.12.1956 as per Ex.14, meaning thereby that at the time of accident, he was about 47 years and 6 months old, therefore, multiplier of 13 should have been adopted instead of 11 as applied by the learned Tribunal. 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 calls for no interference. It is also submitted that the learned Tribunal has added 50% of the salary for future prospects while actual salary drawn by the employee is to be taken into consideration. 6. After hearing the rival contentions, and going through the award as also record of 3 the case, it is revealed that deceased was in government job and drawing the salary of Rs.7246/- per month, though his carrying home cash was Rs.4921/-. Thus the actual salary amounting to Rs.7246/- deserves to be taken into account. As regards the future promotions, amount awarded by the learned Tribunal and the interest accrued thereon can be taken into account for the support of the dependents who are two in number and that apart interest awarded is also to be taken into account and thus there remains no basis to increase the salary by 50% on account of future prospects. As the age of the deceased found to be 47 years & 6 months, the multiplier of 11 applied by the learned Tribunal deserves to be enhanced to 13 by taking second schedule to the M.V.Act as guideline. Thus the amount of compensation can be computed as under: 7246(salary)x12x13(multiplier)-1/3rd (as against the expenses of the deceased)= 7,53,584-6,49,440 (already awarded)= 1,04,144/- ( to be additionally awarded ). 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the 4 learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.1,04, 144/- by way of additional enhanced compensation from the date of appeal i.e. 28.8.06, 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.57