1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.205/1999 SMT. GYARSI AND OTHERS VS. GOPAL AND OTHERS DATE OF JUDGMENT :- FEBRUARY 17,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Sandeep Mathur, for the appellants, Mr. Satyendra Sharma, for the respondents, BY THE COURT(ORAL) Heard. This appeal has been preferred by the dependents of deceased Suraj Karan , for enhancement of compensation , against the Award, passed by learned Motor Accident Claims Tribunal, Kishangarh, district, Ajmer, vide Award dated 2.6.1999, whereby a sum of Rs. 1,75,100/- was awarded by way of compensation for the death of deceased caused in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellants has 2 argued that the Tribunal has deducted 50% for the expenses of the deceased, while 1/3rd of the earning should have been deducted. The learned counsel also submitted that instead of Rs. 10,000/- a sum of Rs. 15,000/- should have been awarded for loss of consortium to the widow. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced during enquiry and the same calls for no interference. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the age of the deceased was between 55 to 60 years and as such the multiplier of 8 has been rightly applied by the Tribunal but the 1/3rd amount should have been deducted for the expenses of the deceased himself. That apart, additional sum of Rs. 3 5,000/- deserves to be awarded for loss of consortium. The compensation can be computed as under:- “15,840 minus 5,280( 1/3rd for self expenses ) = 10560 x 8 (multiplier) = 84,480 minus 63,360( already awarded) = 21,120 plus 5000/- additional sum for loss of consortium) = 26,120/- (to be additionally awarded ). Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of 26,120/- from the date of appeal i.e. 10.2.1999 , with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The rest of the terms of the Award shall remain unchanged. The appeal stands disposed of. Record be sent back forthwith. (Guman Singh)J.