1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1210/1998 (Babu Lal Sharma and ors. Vs. Banwari Lal and ors.) Date of Judgment : 30-4-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mrs.Anuradha Soni for Mr.Rajendra Soni, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Smt.Gyarsi Devi for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 11.11.1998 whereby a sum of Rs.1,26,600/- 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 income assessed by learned Tribunal is on lower side. The deceased was earning Rs.1500/- from tent house by working at Water hut and also earning Rs.500/- by 2 doing embroidery work while the Tribunal has assessed her monthly income of Rs.900/- only and this amount deserves to be computed by taking second schedule to the M.V.Act to be the guidelines. 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 deceased was33 years old and she was stated to be earning Rs.1500/- from Tent house as she was working at Water hut and that deserves to be enhanced after deducting 1/3rd as against her own expenses. Thus the amount can be computed as under: 1500-1/3rd (as against own expenses) =1000x12=12000x17 (multiplier)=2,04,000- 1,07,100(already awarded)= 96,900/-(to be additionally awarded). 3 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.96,900/- by way of additional enhanced compensation from the date of appeal i.e. 2.12.98, 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.2