1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2005/2002 (Ashok and ors. Vs. M/s. Agara Confrit Pipi Co.) Date of Judgment : 17-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anil Jain, for the appellants. Mr.Rizwan Ahmed & Mr.D.K.Garg, for the respondent/s. Both the parties agreed for final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of the appellants-claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal,Dholpur vide judgment dated 28.11.2000 whereby total sum of Rs.70,000/- was awarded for the death of deceased Ajmera died in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has failed 2 to award adequate compensation as the learned Tribunal has deducted 50% of the monthly earning as against the expenses of the deceased while 1/3rd should have been deducted. It is also submitted that though the appellants have claimed Rs.83,000/- by way of compensation but the amount deserve to be enhanced by adopting appropriate multiplier under second schedule to the M.V.Act so as to provide adequate compensation. 6. 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. It is also submitted that the appeal was preferred on behalf of minor sons of the deceased while the mother was alive and she was made respondent in the claim petition and she was not even shown as guardian of the minors. It is further submitted that the matter pertains to the year 1985 and adequate amount has been awarded by taking into consideration the 3 amount of wages available to a skilled labour at the relevant time. 7. After hearing the rival contentions, and on going through the award,as also, the record of the case, it is revealed that the learned Tribunal has failed to deduct 1/3rd of the earning for the expenses of the deceased and, therefore, amount deserves to be calculated accordingly. That apart, the multiplier of 16 deserves to be adopted with the restriction that the amount should not exceed the total amount claimed in the claim petition in the facts of the case. Thus the total amount of dependency is limited to the amount of Rs.83,000/- claimed by the claimants minus Rs.54,000/-(already awarded) =29,000/- (to be additionally awarded). 8. 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.29,000/- from the date of appeal i.e. 12.6.2001, with 6% interest to be paid within three months. Thereafter interest @9% p.a. shall be payable. The appeal stands disposed of 4 accordingly. 9. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.27