1 S.B.CIVIL MISC. APPEAL NO. 858/1999 (Smt. Nathi and ors. Vs. Lal Singh and ors.) Date of Judgment : 01-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur, for the appellants. Mr.Vizzy Agarwal, for respondent-Ins.company. This appeal has been preferred by the dependents of deceased Sualal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sambhar Lake, Distt. Jaipur vide judgment dated 27.2.99 whereby a sum of Rs.2,07,000/- was awarded to the appellants by way of compensation. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has assessed monthly income of Rs.1500/- of deceased on lower side while it should have assessed income equivalent to that of skilled labour @70/- per day as the deceased was mason and was engaged in the 2 construction work and as such monthly earning of deceased deserves to be enhanced accordingly. 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 going through the award as also record of the case, it is revealed that the deceased was 45 years of age at the time of his death. He was a mason and survived by his widow, two minor sons and one daughter. It is further revealed that minimum monthly earning of the deceased deserves to be computed as skilled labour to be Rs.70/- per day and compensation deserves to be awarded by deducting 1/3rd as against his expenses by adopting multiplier of 15 as adopted by learned Tribunal as under: 3 70x30-1/3rd =1400x12x15 (multiplier) =2,52,000+27,000 (amount already awarded on other count)=2,79,000/-. 6. Accordingly, appeal of the appellant is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.2,07,000/- to Rs.2,79,000/- from the date of appeal i.e. 11.5.99, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.h-48