1 S.B.CIVIL MISC. APPEAL NO.1400/1999 (Choudhary Jag Ram Vs. Ram Chandra) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. Manoj Sharma,for the appellants. Mr. Virendra Agarwal & Mr.Vizzy Agrawal, for the respondents. This appeal has been preferred on behalf of dependent-appellants of deceased Ajit Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sikar vide judgment dated 12.5.1999 whereby a sum of Rs.25,000/- was awarded by way of compensation for the death caused in the accident of deceased Ajit Singh. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation and same deserves to be awarded by taking second schedule to the M.V.Act as guidelines. It is also submitted that deceased was income tax payer and his income tax return for the year 1989-90 and 1990-91 are on record and, as 2 such, his dependency should be treated to be Rs.15,000/- per annum atleast even according to the second schedule to the M.V.Act. 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. After hearing the rival contentions, and going through the award as also record of the case, it is revealed deceased was of about 40 years of age at the time of death and second schedule to the M.V.Act is to be adopted as guideline so as to give compensa5tion by adopting multiplier of 15 and by taking Rs.15,000/- to be the annual dependency as the deceased was survived by widow, aged father and five minor children at the time of accident. That apart, sum of Rs.15,000/- deserves to be awarded for loss of consortium and Rs.5,000/- each deserves to be awarded to the dependents of deceased, amounting to Rs.25,000/- minus 3,000 already 3 awarded on this count, therefore, sum of Rs.22,000/- is ordered to be paid for loss of love and affection as additional amount of compensation. The total amount of compensation can be computed as under: 15,000x15(multiplier)= 2,25,000+22,000= 2,47,000 (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.2,47,000/- by way of additional enhanced compensation from the date of appeal i.e. 6.8.99, 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-28