1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.313/2000 (Smt.Shanti Devi and ors. Vs. Ram Chandra and ors.) Date of Judgment : 30-4-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Ajay Gupta,for the appellants. Mr.Rizwan Ahmed for Mr.Ajeet Bhandari, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Bansidhar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Neem-ka-Thana vide judgment dated 8.12.1999 whereby a sum of Rs.2,69,600/- 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 it has not adopted appropriate multiplier of 16 and that deserves to be adopted. It is also 2 submitted that adequate amount for loss of love and affection, loss of consortium and funeral expenses have not been awarded. It is further submitted that percentage of contributory negligence at the part of the deceased has been found to be 20% and that deserves to be scaled down as there has been no contributory negligence at the part of the deceased. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has adopted the multiplier of 13 while multiplier of 16 deserves to be adopted looking to the age of deceased as per second schedule to the M.V.Act. That apart,a sum of Rs.15,000/- deserves to be awarded for loss of consortim and 3 Rs.25,000/- deserves to be awarded for loss of love and affection and Rs.2,000/- deserves to be awarded for funeral expeses which comes to Rs.42,000/-. Out of the said amount, Rs.25,000/- has been awarded , so adequate sum of Rs.17,000/- deserves to be awarded. As regards the contributory negligence, the learned Tribunal has found the contributory negligence of deceased to be 20%. On going through the site map and evidence available on record, it is revealed that accident was between two vehicles and offending vehicle-truck was found on the road leaving 2 ½ ft. Road in its right site. That 2 ½ ft was meant for the use of jeep driven by the deceased. In view of this type of head on collusion, no mathematical precision can be adopted so as to find the exact percentage of contributory negligence and in the facts & circumstances of the case, as the truck left only 2 ½ ft in right side of jeep, percentage of contributory negligence deserves to be scaled down from 20% to 50% at the part of the deceased. The amount can be computed as under: 2000x12x16 (multiplier)=3,84,000-57,600 (on account of 50% contributory negligence)= 4 3,26,400+17,000(additionally awarded for loss of consortium, love and affection and funeral expenses)=3,43,400-2,69,600(already awarded)=73,800 (to be additionally awarded). 7. 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.73,800/- by way of additional enhanced compensation from the date of appeal i.e. 8.3.2000, 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.26