1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.1085/1997 TASLIMAN & Ors. V/S KEDAR NATH GARG & ANOTHER DATE OF JUDGMENT : MARCH 14, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Anil Jain for the appellant. Shri Jainendra Jain, for New India Assurance Company. BY THE COURT : (Oral) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been preferred by the dependents of deceased Mohammed Yusuf Choudhary (53 years) and his grand-son Jamir @ Jammo (10 years) for enhancement of the claim against judgment dated August 12, 1997, passed by the learned Judge, Motor Accident Claims Tribunal, (Special Judge, Dacoity Affected Areas) Dholpur (for short “the Tribunal”) whereby a sum of Rs.1,99,000/- with interest @ 12 % p.a. was awarded to the dependents of Mohammed Yusuf. 2. On May 14, 1996 at about 10.00 AM deceased Mohammed Yusuf and Mohammed Jamir @ Jammo were sitting on way from Dholpur to 2 Badi when they were dashed by offending truck bearing No.RJ 11/G-0009 and died on the spot. 3. Learned counsel for the claimant appellants submits that though deceased Mohammed Yusuf was 53 years of age, the multiplier of 9 was adopted while as per the structure liability provided under the Second Schedule of the Act, the multiplier of 11 should have been adopted. Learned counsel further submits that Mohammed Yusuf was found to be earning Rs.4000/- per month, the Tribunal deducted half of the income while computing the compensation though only 1/3 of the income should have been deducted as against his own expenses. The learned counsel also submits that the compensation provided for deceased Jamir @ Jammo who is 10 years, is also on lower side as he was earning Rs.800/- per month. 4. Per contra, the learned counsel for the Insurance Company supported the judgment of the leaned Tribunal on the ground that the learned Tribunal arrived at the conclusion in awarding the compensation on the basis evidence led by the two parties during the enquiry and the compensation awarded is adequate and calls for no interference. 3 5. In view of the rival submissions as well as on perusal of the record, it is revealed that deceased Mohammed Yusuf aged 53 years was the earning member of the family and as such instead of deducting ½ from his income as against his own expenses, only 1/3 of his income should have been deducted from his monthly income of Rs.4000/-. Likewise, on taking guidelines from the structure of liability provided under Second Schedule to the Act, it is revealed that in case of his age, the multiplier 11 should have been adopted. However in view of the age of the child being 10 years, Rs.60,000/- have been awarded as he was non earning person and as such no interference is called for. 6. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award of death claim of Mohammed Yusuf is enhanced from Rs.1,99,000/- to Rs.3,62,000/- with interest @ 9% p.a. from the date of appeal i.e. 5.11.1997 with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 12% p.a. from the date of appeal i.e. 5.11.1997. 4 7. The award stands modified and the instant appeal stands disposed of accordingly. (Guman Singh),J. Chauhan/