1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. S.B.CIVIL MISC. APPEAL NO. 2264/2000 (Prahlad Rai and anr. Vs.Kuldeep Singh and ors) Date of order :::: 20/08/2009 PRESENT HON'BLE MR.JUSTICE GUMAN SINGH Mr. Sandeep Mathur, for the appellant. Mrs.Mumtaz Bano on behalf of Mr. JP Goyal, for the respondent Insurance Company. This appeal has been preferred by the parents, who are dependents of the deceased Rajendra Kumar for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Kotputli vide judgment dated 03/04/1999 whereby a total amount of Rs. 1,82,000/- was awarded for the death of Shri Rajendra Kumar caused due to injuries sustained in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellants submits that the Tribunal has failed to award adequate compensation and the Tribunal should have awarded compensation by taking the dependency by adopting a multiplier of 15 and by taking the income of the deceased as Rs. 2,000/- per month. It is further submitted that a sum of Rs. 10,000/- deserves to be awarded for loss of love and affection to the parents. Per contra, learned counsel for the Insurance 2 Company has supported the judgment of the Tribunal on the ground that the Tribunal has awarded adequate compensation on the basis of evidence adduced during the enquiry and the same calls for no interference. On hearing rival submissions and going through the record as well as award of the case, it is revealed that the deceased Rajendra Kumar was 24 years old young man and was a shop keeper and stated to spare Rs. 2,000/- per month for his parents out of his earning, as such, his income deserves to be assessed Rs. 2,000/- per month. As the deceased was unmarried and is survived by the parents only, his earning deserves to be deducted by 1/2 and thereby taking his dependency as Rs. 1,000/- per month, the amount deserves to be computed by adopting multiplier of 15 looking to the age of the mother. That apart, a sum of Rs. 10,000/- deserves to be awarded for loss of love and affection to the appellants parents. Thus, the commutation of the income can be done as under:- 12,000X15 (multiplier) +Rs.1,80,000/- + Rs.10,000/- (for loss of love and affection) = Rs.1,90,000/- - Rs. 1,50,000/- (already awarded)= Rs. 40,000/- (to be additional awarded). Accordingly, the appeal is partly allowed and the total amount of award passed by the Tribunal amounting to Rs. 1,50,000/- is enhanced by Rs. 40,000/- as the additional amount which would carry 3 interest at the rate of 6% per annum from the date of filing of the appeal i.e. 03/08/1999 with 6% interest per annum to be paid within a period of three months. Thereafter, interest shall be paid at the rate of 9% per annum. Rest of the terms of the award shall remain unchanged. Record of the trial court be sent forthwith. (Guman Singh), J. Raghu