1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.700/2000 (Smt.Mota Devi and ors. Vs. Laxman Singh and ors.) Date of Judgment : 25-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Kamal Gupta for Mr.Mahesh Gupta,for the appellants. Mr.Anirudh Singh for Mr.Virendra Agrawal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of the appellant-dependents of deceased Goru @ Gaurilal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal-, Jaipur district, Jaipur vide judgment dated 23.2.2000 whereby a sum of Rs.1,71,000/- was awarded by way of compensation for the death caused 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 assessed monthly income of Rs.1200/- and after deducting 1/3rd as against his own expenses, amount has been computed whilethe 2 deceased was an agriculturist and he was a man of 32 years and had left widow and four minor children behind him and, as such, amount of earning should be computed @100/- per day and out of the said earning, 1/4th amount as against his own expenses should be deducted. 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 further submitted that earning assessed by the Tribunal is not on lower side as the matter pertains to the year 1992. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the deceased was 32 years of age at the time of death and he was an agriculturist by profession and he had left behind him widow and four minor children. The Hon'ble Supreme Court in State of Haryana and anr. Vs. Jasbir Kaur and 3 ors.-2003 ACJ 1800 has assessed the daily earning of an agriculturist as Rs.100/- per day wherein accident was pertaining to year 1999 whereas in this case, accident pertains to year 1992 and, as such, his dependency is to be assessed @1800/- per month. Out of the said amount, 1/4th deserves to be deducted as against his own expenses on account of guidelines adopted by Hon'ble Supreme Court in Sarla Verma and anr. Vs. DTC and ors.- 2009(6) SCC,121. Thus the amount of compensation can be computed as under: Rs.1800(monthly earning)-minus Rs.450(1/4th as against own expenses)=Rs.1350x12x16 (multiplier)=Rs.2,59,200-minusRs.1,53,600 (already awarded)=Rs.1,05,600/- (to be additionally awarded). 7. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs.1,05,600/- by way of additional enhanced compensation from the date of appeal i.e. 26.5.2000, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per 4 annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.27