1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.894/2008 (Birma Devi and others Vs. Nirmal Singh and others.) Date of Judgment : 22-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Sharma,for the appellants. Mr.R.P.Vijay, for the respondents. Both the parties have agreed for final disposal of the appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellant-dependents of deceased-Dayanand for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal- cum-ADJ (Fast Track), Behror vide judgment dated 17.9.2007 whereby a sum of Rs.2,44,760/- 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 assessed the income of deceased as Rs.73/- per day which comes to Rs.2190/- per month 2 while Rs.3,000/- should have been assessed as the deceased was engaged in agriculture and dairy work and also used to work as Munim. It is also submitted that the learned Tribunal has adopted multiplier of 13 while atleast multiplier of 15 should have been adopted by taking second schedule to the M.V.Act to be the guideline. 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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that income assessed by the Tribunal amounting to Rs.2190/- per month appears to be on lower side as the accident pertains to the year 2004, and at that time deceased was engaged in agriculture and also used to work as Munim, his income deserves to be assessed as Rs.3000/- per month. That apart, multiplier 3 of 15 deserves to be adopted by taking second schedule to the M.V.Act to the guideline. Thus the amount of compensation can be computed as under: Rs.3000x12x15(multiplier)=Rs.3,60,000- (minus)Rs.2,27,760/-(already awarded) =Rs.1,32,240/-(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.1,32,240/- by way of additional enhanced compensation from the date of appeal i.e. 2.1.2008, 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.105