CMA 407/2000 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Misc. Appeal No.407/2000 Smt. Radha and others Vs. Mohd. Khan and others Date of Judgment :: 31st March, 2009 P R E S E N T Hon'ble Mr. Justice Guman Singh Mr. J.P. Gupta, for appellants. Mr. Rizwan Ahmed on behalf of Mr. Ajeet Bhandari, for respondent. By The Court (Oral) Heard. This appeal has been preferred on behalf of the dependents of deceased Mangal Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Beawar vide order dated 3/1/2000 in Claim Case No.230/95 whereby a sum of Rs.1,95,000/- was awarded by way of compensation for the death of Mangal Singh caused in the accident. 2. The only challenge in the appeal pertains to quantum of compensation. CMA 407/2000 (2) 3. Learned counsel for the appellants has submitted that the Tribunal has failed to award adequate compensation and the compensation deserves to be awarded by taking Second Schedule to the Motor Vehicles Act, 1988 to be the guideline and by adopting the multiplier of 13 according to the age of the deceased and by deducting 1/3rd as against the own expenses of the deceased. 4. Per contra, learned counsel for the respondent supported the judgment and award of the learned Tribunal on the ground that the learned Tribunal has awarded adequate compensation on the basis of evidence adduced during the enquiry and the same calls for no interference. 5. Having considered the rival submissions and going through the award as well as the record of the case, it is revealed that the deceased was driver by profession and was earning Rs.2500/- per month, hence the compensation amount deserves to be computed by deducting 1/3rd amount as against his own expenses and by adopting the multiplier of 13 CMA 407/2000 (3) looking to his age group, the compensation can be computed as under :- 2500-1/3rd(for his own expenses)x12x13 (multiplier)=260000-165000=Rs.95000/- (to be additionally awarded). 6. Accordingly, the impugned award stands modified and the appellants are awarded enhanced additional amount of Rs.95000/- from the date of appeal i.e.28/3/2000 with 6 percent interest to be paid within three months. Thereafter, interest @ 9 percent per annum shall be payable. 7. The appeal stands disposed of. (Guman Singh),J. VS Shekhawat/- Jr. P.A. Item No.H28