1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 385 of 1997 PRATIBHA DEVI V/S DUD SINGH Mr. SHABIR KHAN for Mr. PRADEEP SHAH, for the appellant / petitioner Mr. UCS SINGHVI & Mr. SANDEEP DAVE for Mr. BL MAHESHWARI, for the respondent Date of Order : 26.2.2009 HON'BLE SHRI N P GUPTA,J. ORDER ----- This appeal has been filed by the claimants for enhancement of the compensation. That being the position, I need not go into the question of negligence etc. Regarding compensation, according to Ex. 15 the deceased was 28 years of age at the time of accident, and according to Ex. 14 he was receiving Rs. 2000/- per month as salary. This Ex. 14 is a certificate issued by the employer certifying that the deceased was working as Manager, and was getting Rs. 2000/- per month as salary, and was working with the employer for the last 6 years. The learned Tribunal has disbelieved the quantum of other income being earned by the deceased, and has believed the income to be Rs. 2000/- per month. However, without 2 assessing the dependency of the family, and without employing any multiplier the learned Tribunal has assessed the lump sum compensation of account of loss of income at Rs. 1,25,000/-. The claimants are the widow, one minor son, one minor daughter, apart from the parents. It would suffice to say that the approach of the learned Tribunal cannot be countenanced as the approach has been very very casual. In my view, on the finding of the learned Tribunal about the income, after making deduction of 1/3rd amount as personal expenditure the dependency is required to be assessed at Rs. 16,000/- per year, and the consensus of the learned counsel on either side is that appropriate multiplier to be applied should be 13. If that multiplier of 13 is employed, the compensation payable on account of loss of income comes to Rs. 2,08,000/-. Accordingly the appeal is allowed, and maintaining all other findings the compensation as assessed on account of loss of income is increased from Rs. 1,25,000/- to Rs. 2,08,000/- as above. ( N P GUPTA ),J. /Sushil/