1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1674/2000 (Smt.Shakuntla and ors. Vs. Ran Singh and ors.) Date of Judgment : 27-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur ,for the appellants. Mr.Anirudh Singh for Mr.Virendra Agrawal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-dependents of deceased Omprakash @ Pappu Rajput for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kishangarh (Ajmer) vide judgment dated 12.6.1998 whereby a sum of Rs.1,50,000/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The only challenge in the appeal pertains to the quantum of compensation. 4. The learned counsel for the appellant submits that the Tribunal has assessed the income of deceased as Rs.1050/- while it should be computed by taking second schedule 2 to the M.V.Act to the guideline. It is also submitted that adequate amount for loss of love and affection and consortium has not been awarded and only consolidated sum of Rs.10,000/- has been awarded under these heads. It is further submitted that instead of deducting more than 1/3, deduction of ¼ earning deserves to be made as against the own expenses following the guidelines of Hon'ble Apex Court in Sarla Verma and ors. Vs. DTC and ors.-2009(6) SCC,121. 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 call for no interference. It is further submitted that in case the guidelines of Sarla Verma's case (supra) is adopted in that case, multiplier of 17 should be adopted instead of multiplier of 18. 6. On hearing rival contentions,and going through the award as also record of the case,it is revealed that deceased was 3 Khalasi and as deposed by his wife, he was earning RS.1200/- per month and since the matter pertains to year 1992, the income as stated by the wife of deceased, appears to be reasonable and, as such, amount deserves to be computed by taking the incoem of Rs.1200/- per month after deducting ¼ as against the expenses of deceased and by adopting multiplier of 17 by following the guidelines of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC agnd ors.-2009(6) SCC,121. That apart, sum of Rs.10,000/- for loss of consortium, and Rs.5000/- each to three children, total Rs.15,000/- for loss of love and affection comes to Rs.25,000- (minus)Rs.10,000/-(already awarded) =Rs.15,000/-. Thus the amount of compensation can be computed as under: Rs.900(after deducting ¼ as against own expenses)x12x17(multiplier)=Rs.1,83,600- Rs.1,40,400(already awarded) =Rs.43,200+Rs.15,000(for loss of consortium etc.)=Rs.58,200/-(to be additionally awarded) 7. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent 4 that the appellant shall get a sum of Rs.58,200/- by way of additional enhanced compensation from the date of appeal i.e. 2.9.1998, 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.13