1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1209/2008 (Smt.Saroj Devi and ors. Vs. Pramod Kumar and anr.) Date of Judgment : 23-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Sharma,for the appellants. Mr. Tej Prakash Sharma, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Shivlal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and ADJ Fast Track, Behror vide judgment dated 1.9.2007 whereby a sum of Rs.2,79,800/- was awarded by way of compensation for the death of deceased in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has 2 assessed the income of the deceased on lower side while taking it to be Rs.70/- per day equivalent to minimum wages whereas the deceased was agriculturist and was also engaged in selling milk and his monthly income was not less than Rs.100/- per day. It is also submitted that looking to the age of deceased 39-40 years, multiplier of 16 should have been adopted. It is also submitted that the learned Tribunal has failed to award any amount for loss of consortium. 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 deceased was an agriculturist and he had to support six family members including his parents, three minor children and a widow, therefore, as 3 submitted by learned counsel for the appellant, his daily earning deserves to be assessed as RS.100/- and multiplier of 16 deserves to be adopted in view of age being 39-40 years. The widow also deserves to be awarded Rs.15,000/- for loss of consortium. Thus the amount of compensation can be computed as under: 3000x12=36,000-1/3rd (for his own expenses)= 24,000x16(multiplier)=3,84,000-2,62,800 (already awarded)=1,21,200+15,000(loss of consortium)= 1,36,200/- (to be additionally awarded). 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.1,36,200/- by way of additional enhanced compensation from the date of appeal i.e. 3.12.2007, 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.32