1 S.B.CIVIL MISC. APPEAL NO.2114/2008 (Saroj Kanwar and ors. Vs. Hansraj and ors.) Date of Judgment : 18-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr. Gaurav Gupta,for the appellants. Mr. V.P.mathur, for the respondents. Both the learned counsel are agreed for final disposal of appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of depenents-appellant of deceased Vijendra for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kotputli, Distt. Jaipur vide judgment dated 11.2.2008 whereby a sum of Rs.4,51,000/- was awarded by way of compensation for the death caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellants submits that the learned Tribunal has assessed the income of deceased on lower side while the deceased was a driver by profession and he had a valid license of LMV plus Transport vehicle. 2 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased was 28 years of age at the time of death and he was driver by profession and had a valid license of LMV plus Transport vehicle. That apart a multiplier of 18 deserves to be adopted looking to the age group bracket of the deceased. The learned Tribunal has assessed Rs.3000/- per month, which appears to be on lower side and that deserves to be enhanced @3500/- per month and the amount deserves to be computed as under: 3500x12x18(multiplier)-1/3rd (for own expenses)=5,04,000- 4,08,000 (already alwarded)= 96,000/- (to be additionally awarded). 3 7. 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.96,000/- by way of additional enhanced compensation from the date of appeal i.e. 21.4.08, 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.56