1 S.B.CIVIL MISC. APPEAL NO.447/1998 (Smt.Prem Devi Vs. Raman Deep and ors.) Date of Judgment : 29.9.2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.L.L.Gupta, for the appellants. Mr.R.S.Bhati & Mr.Tej Prakash Sharma, for respondents-Ins.companies. This appeal has been preferred by the dependents of deceased Shiv Dayal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Karouli vide judgment dated 12.1.1998 whereby a sum of Rs.3,42,000/- was awarded to the appellant-claimants by way of compensation for the death of deceased. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has considered the income of deceased to be Rs.4780/- per month on the basis of salary certificate but the learned Tribunal has deducted Rs.2000/- which is more than 1/3rd 2 and, as such, only deduction to the extent of 1/3rd is required to be carried out. That apart, It is further submitted that the learned Tribunal has adopted multiplier of 13 only while looking to the age of deceased as 40 years, multiplier of 16 should have been adopted. 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 on going through the award,as also, the record of the case, it is revealed that at the time of death, deceased was 40 years of age and as per salary certificate, he was earning Rs.4780/- per month and out of that amount, only 1/3rd amount deserves to be deducted and total amount of compensation deserves to be computed after adopting multiplier of 16 instead of 13 as under: 4780x12x16(multiplier)-1/3rd = 6,11,840- 3 (minus)3,12,000(already awarded)= 2,99,840 (to be additionally awarded). 6. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount of compensation to the tune of Rs.2,99,840/- from the date of appeal i.e. 13.4.1998, with 6% interest to be paid within three months and thereafter future interest @9% shall be payable. (GUMAN SINGH),J. Srawat/- item no.88