1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.164/2000 (Smt.Rekha Goyal and ors. Vs. Alim and ors.) Date of Judgment : 01-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.J.P.Goyal & Mr.Anil Jain, for the respondents. This appeal has been preferred on behalf of appellant-dependents of deceased Rajeev Goyal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 11.10.1999 whereby a sum of Rs.10,36,096/- was awarded by way of compensation for the death of deceased in the accident. 2. The only challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as multiplier of 12 has been adopted whereas it should have been 15 as the date of birth of deceased was 9.11.53 as per his income tax return Ex.18. It is also submitted that vide 2 letter dated 28.3.99, the Tribunal was informed by the concerned department of deceased that his date of birth was 9.11.53. Thus the age of the deceased on the date of accident was between 44 to 45 years. It is further submitted that by adopting the guidelines of Hon'ble Supreme Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121, a multiplier of 15 deserves to be adopted. 4. 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. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed that as per income tax return, date of birth of deceased is 9.11.53 and there is no reason to disbelieve this documentary evidence and, as such, age of deceased is taken to be 44-45 years at the time of accident and accordingly instead of 3 a multiplier of 12, a multiplier of 15 deserves to be adopted by applying the guidelines of Hon'ble Apex Court in Sarla Verma's case (supra) and amount of compensation can be computed as under: Rs.6834x12x15(multiplier)=Rs.12,30,120- (minus)Rs.9,84,096/-(already awarded)= Rs.2,46,024/- (to be additionally awarded) 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.2,46,024/- by way of additional enhanced compensation from the date of appeal i.e. 6.12.1999, 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.h-21