1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1673/1999 (Smt.Meena and ors. Vs. Kana Ram and ors.) Date of Judgment : 23-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur, for the appellants. Mr.M.L.Goyal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Sualal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 25.8.99 whereby a sum of Rs.2,82,000/- was awarded by way of compensation for the death of deceased in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the deceased was working as conductor in the truck and was drawing Rs.1800/- per month but the learned Tribunal has reduced his income from Rs.1800/- to Rs.1500/- per month and has adopted the 2 multiplier of 16 instead of multiplier of 17 by not taking second schedule to the M.V.Act to be the guidelines. 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 deceased was engaged as conductor in truck and his income was stated to be Rs.1800/- per month which appears to be reasonable and, as such, amount deserves to be computed while taking second schedule to the M.V.Act to be the guidelines and by adopting multiplier of 17 looking to the age of deceased, as under: 1800-1/3rd (for own expenses)= 1200 x 12 x 17(multiplier) = 2,44,800 - 1,92,000 (already awarded)= 52,800/- (to be additionally awarded) 3 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.52,800/- by way of additional enhanced compensation from the date of appeal i.e. 29.11.99, 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.h/7