1 S.B. Civil Misc. Appeal No.230/1998 Rajasthan State Road Transport Corp. & Anr. vs. Smt. Ram Pyari & Ors. S.B. Civil Misc. Appeal No.230/1998 Rajasthan State Road Transport Corp. & Anr. vs. Smt. Ram Pyari & Ors. Date : 24.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.BS Bhati, for the appellants. Mr.RK Singhal ) for the respondents. Mr.Sanjeev Johari ) - - - - - Heard learned counsel for the parties. The appellants are aggrieved against the judgment and award dated 22.11.1997 passed by the Motor Accident Claims Tribunal, Bikaner in Claim Case No.99/1993 which was decided along with the other connected matters. By the award, the Tribunal after holding that the deceased was of the age of 50 years and was earning Rs.5647/- per month, held that the deceased was getting total Rs.67,764/- per annum. The Tribunal deducted 1/3rd of the amount i.e. Rs.22,588/- from Rs.67,764/- which the victim would have spent on himself, and held that the claimants suffered loss of Rs.45,176/- per annum and by applying multiplier of 13, awarded total 2 S.B. Civil Misc. Appeal No.230/1998 Rajasthan State Road Transport Corp. & Anr. vs. Smt. Ram Pyari & Ors. compensation of Rs.5,87,288/- in all. Learned counsel for the appellants vehemently submitted that the deceased was of the age of 50 years and he would have retired in 8 years' period and, therefore, the Tribunal committed error by applying the multiplier of 13. I considered the submissions of learned counsel for the appellants and perused the facts of the case as well as the reasons given in the impugned award. It is clear from the facts mentioned in the impugned award itself that the victim's salary was proved by producing documentary evidence Ex.113 and he was working on the post of Assistant Director (Prosecution) in the year 1993. The Tribunal has not considered the future prospects of the earning of deceased and deducted 1/3rd of salary of the deceased on account of the expenditure which he would have incurred on himself. In view of the above, if the multiplier is reduced to 8 and if the salary of the deceased is taken what he was getting in the year 1993 with the future prospects of the salary, then there will be no material effect in the amount awarded to the claimants. In view 3 S.B. Civil Misc. Appeal No.230/1998 Rajasthan State Road Transport Corp. & Anr. vs. Smt. Ram Pyari & Ors. of the above, the impugned award does not warrant interference by this Court in the matter where the accident occurred in the year 1993. The Tribunal has awarded interest of 12% per annum and in view of the reason that the interest was awarded for the year 1993, this Court is not inclined to interfere in the said interest amount also. In view of the above reasons, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya