1 S.B.CIVIL MISC. APPEAL NO.1635/1999 (Kewal Singh and ors. Vs. Kishan Singh @ Krishna Singh and ors.) Date of Judgment : 26-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Rajpal Choudhary , for the respondents. This appeal has been preferred on behalf of dependents of deceased Shailendra Singh @ Surendra Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 28.7.1999 whereby a sum of Rs.2,72,000/- was awarded by way of compensation for the death caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the multiplier of 13 has been adopted which should have been 15 commensurating the age of the mother under the second schedule to the M.V.Act. It is further submitted that no amount for loss of love and affection has 2 been awarded to the parents and three sisters and that deserves to be awarded. It is also submitted that the learned Tribunal has failed to award any interest over the award amount and that too deserves to be awarded. 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the age of mother of deceased is 45 eyars,therefore, multiplier of 15 should have been adopted by the learned Tribunal. That apart, two grand parents and three sisters should have been awarded Rs.5,000/- each, amounting to Rs.25,000/- for loss of love and affection. The Tribunal has not awarded any interest, therefore, interest @6% should also be awarded. Thus the amount of compensation 3 deserves to be computed as under: 2000 x 15 (multiplier) = 3,00,000 - 2,60,000 (already awarded=40,000+25,000(for loss of love and affection)=65,000(to be additionally awarded) 6. 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.65,000/- by way of additional enhanced compensation from the date of claim petition i.e. 25.8.98, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The appellants are further ordered to be paid interest @6% from the date of claim petition i.e. 25.8.98 on the amount awarded by the Tribunal till payment, if no such amount by way of interest has been paid. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-15