1 S.B.CIVIL MISC. APPEAL NO. 495/2006 (Karan Singh & anr. Vs. Badan Singh & ors.) Date of Judgment : 01-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anirudh Singh for Mr.Virendra Agrawal, for the appellants. Mr.O.P.Sheoran for Mr.Pyarelal, for respondent-Ins.company. Both the parties are agreed that this appeal may be finally disposed of at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred by the dependents of deceased Jaspal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal & Addl. Distt. & Sessions Judge (Fast Track No.1), Bharatpur vide judgment dated 17.11.2005 whereby a sum of Rs.3,05,800/- was awarded to the appellants by way of compensation. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants 2 submits that the age of deceased was 22-23 years of age at the time of accident and he was survived by his old aged parents. He was working as mason as well as looking after agriculture work and earning Rs.5,000/- p.m. But the learned Tribunal has failed to assess the monthly income of deceased to be Rs.2340/- while the learned Tribunal should have considered minimum earning of Rs.100/- per day of the deceased. 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 at the time of death, deceased Jaspal was 23-24 years of age and he was survived by his old aged parents. The learned Tribunal has assessed income of Rs.1800/- per month and Rs.540/- by way of advancement in life, totaling 3 Rs.2340/-. The argument of learned counsel for the appellants that income of deceased may be considered to be Rs.100/- per day is just and reasonable. In view of present stage of economic and level of wages being paid to the worker, the amount deserves to be computed by adopting multiplier of 16 in view of age of deceased after deducting 1/3rd of expenses by deceased himself. The income may be computed as under: 3000-1/3rd = 2000x12x16 (multiplier) = 3,84,000/- + 20,000 (already awarded by Tribunal on other heads)=4,04,000/- 8. Accordingly, appeal of the appellant is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.3,05,800/- to Rs.4,04,000/- from the date of appeal i.e. 25.1.2006, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. (GUMAN SINGH),J. Srawat/- item no.60