1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.12/2000 (Smt.Kailash Ben and ors. Vs. Gada Lal Bhai and ors.) Date of Judgment : 26-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rakesh Bhargava,for the appellant. Mr.Sanjay Singhal, for the respondents. Heard learned counsel for the parties. 2. The CMA No.1634/1999 has been preferred on behalf of dependents of deceased Dashrath Bhai Patel for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kotputali, Distt. Jaipur vide judgment dated 3.12.1998 whereby a sum of Rs.2,32,000/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has arbitrarily assessed the annual income of Rs.15,000/- while the deceased was earning Rs.2,000/- by working as Tebewell Technician 2 and Rs.2,000/- from agriculture. It is also submitted that instead of adopting the multiplier of 16, multiplier of 17 should have been adopted. 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 it has been brought on record that deceased was earning Rs.2,000/- per month by way of working as Technician on tubewells and that should be taken to be the earning of deceased as the income from agriculture is still available to the dependents. That apart, in place of 16, multiplier of 17 deserves to be awarded commensurating with the age of the deceased as per second schedule to the M.V.Act. Thus the compensation can be calculated as under: 2000x12-1/3rd (for own expenses)= 16,000x17 3 (multiplier)= 2,72,000-1,92,000(already awarded)=80,000/- (to be additionally awarded). 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.80,000/- by way of additional enhanced compensation from the date of appeal i.e. 5.3.99, 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.12