1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.16/1998 KAILASH KANWAR & Anr V/s SHYAMLAL & OTHERS. DATE OF JUDGMENT ::::: MAY 02, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Vinay Mathur, for appellant/claimant. Shri R.M. Jain on behalf of Shri A.K.Bhargava, for respondent No.1. Shri K.N. Tiwari on behalf of Shri Akbar Khan, for National Insurance Company. BY THE COURT : (Oral) This appeal u/s 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the appellants/claimants for enhancement of compensation against the award dated April 1, 1997 passed by the learned Judge, Motor Accident Claims Tribunal, Second, Ajmer and Addl. District & Sessions Judge No.2, Ajmer (for short “the Tribunal) whereby a sum of Rs.55,000/- was awarded by the learned Tribunal to the dependents of deceased Bhagwat Singh. On September 10, 1990 at about 3.00 P.M., appellant was going by tractor RSE 2093 from village Badali to Wider Pulliya, truck 2 RJS 7475 driven by respondent No.1 dashed against the tractor resulting death of Bhagat Singh and injuries to Kailash Kanwar, Surendra Singh and Gajraj Singh. Deceased Bhagwat Singh was a student of 9th standard of 18 years of age. Learned counsel for the appellants argued that taking into consideration the notional income as Rs.15,000/- per annum of the deceased, 1/3 deduction on account of expenses of the deceased incurred by the deceased is not required to be deducted in view of the judgment of this High Court in Kamlesh and Others v/s R.S.R.T.C. and others (2005(3) WLC (Raj.) 364) wherein the judgment of the Hon'ble Supreme Court in Manju Devi & Another Vs. Musafir Paswan and Another (2005 (1) T.A.C. 609 (S.C.) has been relied on. Learned counsel submits that deceased Bhagwat Singh was 14 years of age at the time of death and as per the statement of Kailash Kanwar, the age of deceased Bhagwat Singh was 16-17 years in the claim petition while in the post mortem, the same has been mentioned as 18 years and as such Bhagwat Singh being a student, had the good future prospects, hence the amount awarded by way of compensation of 3 Rs.55,000/-, is inadequate and the learned Tribunal has failed to consider the claim as per the structural liability provided in Second Schedule of M.V. Act. Per contra, leaned counsel for the respondents supported the judgment of the learned Tribunal on the ground that the Tribunal has awarded adequate compensation after holding the enquiry and the evidence adduced by the parties and the award does not call for any interference. In view of submissions of the learned counsel, I find that the deceased died at the age of 16 years and he was a student at the time of his death. The age of the mother was 48 years and as such multiplier of 13 would be adopted after deducting income to be Rs.15,000/- per annum as per the Second Schedule and without deducting 1/3 on account of expenses of the deceased as per the authority relied upon by the learned counsel in Manju Devi's case (supra). Accordingly, the award is modified and the amount of compensation is enhanced from Rs.55,000/- to Rs.1,95,000/- (15,000 x 13 = 1,95,000/-) with interest @ 6% from the date of filing of appeal, i.e. 14.7.1997 and the 4 same shall be payable within three months from the date of this order and failure to do so, the amount shall entail interest at the rate of 9% p.a. from the date of appeal i.e. 14.7.1997. The appeal stands disposed of with the modification of the award as stated here- in-above. (Guman Singh), J. Chauhan/