1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.393/99 SMT. PURAN DEL AND OTHERS VS. SATYA NARAIN SHAH & OTHERS DATE OF JUDGMENT:- APRIL 21,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Sandeep Mathur, for the appellants, Mr. Mohan Lal Goyal , for the respondents, BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of appellants dependents of deceased Saudan Singh for enhancement of compensation awarded by Motor Accident Claims Tribunal, (Special Court, Dacoiety Affected Area) , Bharatpur , vide Award dated 17.10.1998 , passed in Claim Case No. 147/96, whereby a sum of Rs. 1,15,000/-, was awarded by way of compensation for the death of Saudan Singh, aged 18 years caused in the accident. The only challenge in the appeal 2 pertains to quantum of compensation. Learned counsel for the appellants submits that the Tribunal has assessed the income of the deceased to be 30/- rupees per day which is on lower side and his income be taken to be Rs. 15,000/- equivalent to that of non-earning person under II Schedule to the Motor Vehicles Act and amount deserves to be enhanced. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. Having considered the arguments and going through the award as well as the record of the case, it is revealed that at the time of death, the deceased was 18 years old and he is survived by his parents and his mother is 38 years and father is 40 years and as such the multiplier of 15 can be adopted looking to 3 the age of parents by taking II Schedule of the Motor Vehicles Act to be a guideline. The accident pertains to the year 1996 after coming into force II Schedule to the Motor Vehicles Act and under the II Schedule, the notional income of the non-earning person is required to be assessed at the rate of 15,000/- so as to award adequate compensation and the same principle deserves to be adopted in this case as the deceased has been survived by the parents and therefore, the amount deserves to be computed as under:- “15,000 x 15 = 2,25,000 /- minus 1,08,000/- (already awarded) = 1,17,000/- to be paid additionally.” Accordingly, the Award is modified to the extent that the appellants shall be entitled to a sum of Rs. 1,17,000/- by way of enhanced additional amount from the date of appeal i.e. 20.1.1999 with interest @ 6% to be paid within three months. Thereafter, interest @ 9 per cent 4 p.a. shall be payable. The appeal stands disposed of accordingly. Record be sent back. (Guman Singh)J.