1 S.B.CIVIL MISC. APPEAL NO.1294/1999 (Smt.Prem Lata and ors. Vs. Raj Gupta and ors.) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. K.N.Tiwari,for the appellants. Mr. D.K.Pareek, for the respondents. This appeal has been preferred on behalf of dependent-appellants of deceased Bishan Sahai Jaiman for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dated 16.6.98 whereby a sum of Rs.5,71,600/- was awarded by way of compensation for the death caused in the accident of deceased Bishan Sahai. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to adopt the multiplier of 11 commensurating the age of deceased who was 52 years of age at the time of death as per second schedule to the M.V.Act. It is further submitted that the learned Tribunal 2 has awarded sum of Rs.10,000/- while sum of Rs.15,000/- should have been awarded for the loss of consortium. 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 deceased was 52 years of age at the time of death and his date of birth was 4.2.44 as mentioned in issue no.4 decided by the learned Tribunal. The learned Tribunal has adopted multiplier of 8 while it should have been 11 as per second schedule to the M.V.Act. Likewise, instead of Rs.10,000/-, sum of Rs.15,000/- should have been awarded for loss of consortium. It is further revealed that earning of deceased was Rs.7067/- per month at the time of his death and after deducting 1/3rd as against his own expenses, it comes 3 to Rs.4711/-,therefore, compensation can be computed as under: 4711x12x11(multiplier)= 6,21,896-5,37,600 (already awarded for disability)= 84296+ 5000(to be additionally awarded for loss of consortium)=89,296 (to be additionally awarded). 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.89,296/- by way of additional enhanced compensation from the date of appeal i.e. 14.10.1998, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-22