1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.3054/2008 (Summera and ors. Vs.Dharam Pal and ors.) Date of Judgment : 25-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.R.P.Vijay, for the respondent-Ins.Co. Both the parties agreed to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of dependents of deceased Raju @ Rajendra for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. Judge, Fast Track No.1, Bharatpur vide judgment dated 30.5.2007 whereby a sum of Rs.3,41,000/- was awarded by way of compensation for the death of deceased caused in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has adopted multiplier of 13 instead of 15 2 taking into account the age of mother which is lesser than the age of father who was 45 years of age at the time of accident by taking age of mother to be 43 years, therefore, multiplier of 15 should be adopted by taking second schedule to the M.V.Act to be the guidelines. 6. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the age of father at the time of accident was found to be 45 years and mother being of 43 years as stated by the claimant in the claim petition, is to be taken into account for adopting appropriate multiplier of 15 under second schedule to the M.V.Act. Thus the amount can be calculated as under: 3 2000 x 12 x 15(multiplier)=3,60,000-3,12,000 (already awarded)=48,000/- (to be additionally awarded). 8. 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.48,000/- by way of additional enhanced compensation from the date of appeal i.e. 23.8.2007, 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.101