1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** 1. S.B.CIVIL MISC. APPEAL NO.1969/2000 (Smt.Jamna Devi and ors. Vs. Rajendra Kumar and ors.) 2. S.B.CIVIL MISC. APPEAL NO.1968/2000 (Smt.Mangi Devi Vs. Rajendra Kumar and ors.) Date of Judgment : 10.09.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.R.P.Vijay, Mr.Ashish Gurjar for Mr.R.K.Mathur and Mr.Kailash Sharma for Mr.D.K.Bhardwaj, for the respondents. Heard learned counsel for the parties. 2. These appeals have been preferred on behalf of appellants-dependents of deceased Bodu Ram(claim case no.983/1999) and Ramlal (claim case no.984/1999) for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 8.8.2000 whereby a sum of Rs.4,16,000/- and Rs.5,32,000/- respectively was awarded by way of compensation for the death of deceased caused in the accident. 2 3. The only challenge in the appeals pertains to quantum of compensation. CMA No.1969/2000 (Claim case no.983/99) 4. Learned counsel for the appellant submits that the learned Tribunal has adopted the multiplier of 16 while the multiplier of 17 deserves to be awarded in view of the guidelines of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.- 2009(6) SCC,121. It is also submitted that the learned Tribunal has not awarded any interest because the claimants have not been awarded any interest as a condition was fixed that amount of award shall carry interest only if amount is not paid within a period of 45 days and, as such, that deserves to be awarded. 5. 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. 3 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has adopted a multiplier of 16 but as per the judgment of Hon'ble Apex Court in Sarla Verma's case (supra), multiplier of 17 deserves to be adopted. That apart, interest has not been paid in the case from the date of filing of claim petition, therefore, interest @6% deserves to be awarded from the date of claim petition. Thus the amount can be computed as under: Rs.2000 x 12 x 17(multiplier)= Rs.4,08,000- (minus) Rs.3,84,000 (already awarded) =Rs.24,000/-(to be additionally awarded). 7. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs.24,000/- by way of additional enhanced compensation. It is further ordered that in case, no interest has been paid on the amount awarded, interest @6% shall be payable from the date of claim petition. The rest of the terms of award shall remain unchanged. Record be sent forthwith. 4 CMA No.1969/2000 (Claim case no.983/99) 8. Learned counsel for the appellant submits that the learned Tribunal has adopted the multiplier of 16 while the multiplier of 17 deserves to be awarded in view of the guidelines of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.- 2009(6) SCC,121. Likewise, in place of 1/3rd deduction as against the own expenses, deduction of 1/4th deserves to be made looking to the age of deceased and the fact that deceased was survived by his widow, two sons and old mother apart from father. It is also submitted that the learned Tribunal has not awarded any interest as a condition was fixed that amount of award shall carry interest only if amount is not paid within 45 days and as such that deserves to be awarded. 9. 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 5 awarded adequate compensation and calls for no interference. 10. On hearing rival contentions, and going through the award as also record of the case, it is revealed that as per the judgment of Hon'ble Apex Court in Sarla Verma's case (supra), Hon'ble the Apex Court has laid down guidelines so as to maintain uniformity, consistency and equality of treatment in judgment making process by all the Tribunal and the courts. Accordingly, multiplier of 17 deserves to be adopted and in place of deduction of 1/3rd, deduction of 1/4th deserves to be made. Thus the amount can be computed as under: Rs.45,000-11,250(1/4th deduction on his own expenses)=Rs.33,750x17(multiplier) =Rs.5,73,750-(minus)Rs.4,80,000(already awarded)=Rs.93,750/-(to be additionally awarded). 11. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant 6 shall get a sum of Rs.93,750/- by way of additional enhanced compensation from the date of appeal i.e. 8.11.2000, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. It is further ordered that in case no interest has been paid on the amount awarded, interest @6% per annum shall be payable from the date of the claim petition. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.31-32