1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.192 of 2001. Kallvo Widow of late Shri Dharma & Others VERSUS Rakesh Aggarwal son of Sh.Shivcharan Lal Aggarwal & Others Date of Order :::: 10/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Anil Jain, Counsel for the Appellants Mr. Alok Garg, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties and perused the award of the learned Tribunal. This claim petition, arises out of Motor Accident Claim Case No.7 of 1997, decided vide award dated 06.12.2000 by the Motor Accident Claims Tribunal, Dholpur, was filed on behalf of the claimants-appellants for the death of three persons namely; (i) deceased Dharma son of Shri Balmukand, (ii) deceased Murari son of late Shri Dharma; and (iii) deceased Bedriya son of Shri Kalla Ram. Learned counsel for the claimant-appellants has 2 challenged the award and has prayed for enhancement of the compensation under the head of loss of income, in the case of all the three above-named deceased. So far as the claim, arising out of the death of deceased Dharma son of Shri Balmukand is concerned, the learned Tribunal awarded a consolidated amount of Rs.90,000/- towards the loss of income. Learned counsel for the appellants submitted that the Second Schedule to the Motor Vehicles Act itself has provided minimum Rs.15,000/- per month, as the income to be taken in respect of even non-earning members and, therefore, if that figure is taken into account then in view of the findings with regard to the age of the deceased being 45 years, as determined by the learned Tribunal and taking into consideration the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, reported in 2009 (6) S.C.C 121 and the provisions of the Second Schedule to the Motor Vehicles Act, 1988 for the purpose of multiplier, a multiplier of 14 deserves to be adopted. This proposition is not disputed. In the facts and circumstances of the present case, therefore, so far as the claim filed on account of the death of deceased Dharma is concerned, the loss of income, is determined as follows : 3 (15,000x14) = Rs.2,10,000/-. Less amount of Rs.90,000/-, which has been paid. The enhanced amount (balance) is Rs.1,20,000/-. In the facts and circumstances of the present case, the appeal filed by the appellant Nos.1, 2 and 5 on account of the death of Dharma is allowed to the extent of Rs.1,20,000/- (Rupees one lac twenty thousand only) with interest @ 6% per annum from the date of filing of this miscellaneous appeal i.e. 30.01.2001 up to the date of its realization. The second claim, arises on account of the death of Murari filed by his dependents i.e. appellant Nos.6 and 7. As per the findings given by the learned Tribunal, the age of the deceased Murari was 25 years. His income was assessed as Rs.1500/- per month and making deduction of 1/3rd towards his personal expenses, the dependency of the family is assessed as Rs.1000/- per month. The multiplier to be adopted in the aforesaid case having regard to the age of the deceased, being 25 years is 18. The compensation towards loss of earning is determined as follows :- (1000x12x18) = Rs.2,16,000/-. The learned Tribunal has awarded an amount of Rs.1,80,000/- under this head, the same is ordered to be deducted. The balance amount comes to Rs.36,000/- (Rupees thirty six thousand only), as enhanced amount awarded under this head, which shall be paid with interest @ 6% per annum 4 with effect from the date of filing of the appeal i.e. 30.01.2001 up to the date of realization. The appellant Nos.8 and 12 are the claimants, who have preferred the appeal on account of the death of Bedriya son of Shri Kalla Ram. The learned Tribunal assessed the income of the deceased Bedriya as Rs.1500/- per month, but took the dependency only half i.e. Rs.7,500/-. The same is erroneous. Therefore, deducting 1/3rd amount towards personal expenses, the dependency is assessed as Rs.1000/- per month. The age of the deceased was held to be 45-years on the date of accident. In view of the above, the loss of earning is assessed as follows: (1000 x12x14) = Rs.1,68,000/-. The learned Tribunal has awarded an amount of Rs.1.08 lacs under this head. The appellants are entitled to get the enhanced amount of Rs.60,000/- (1,68,000-1,08,000) (Rupees sixty thousand only) with interest @ 6% per annum from the date of filing of the appeal i.e. 30.01.2001 till its realization. The miscellaneous appeal stands allowed to the extent as aforesaid. There will be no order as to costs. (Dalip Singh), J. ashok/