1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.874/2000 (Abdul Mazid Vs. Hanuman Sahay and anr.) Date of Judgment : 23-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Praveen Jain, for the appellants. Mr.Tej Prakash Sharma, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Abdul Mazid for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal,Tonk vide judgment dated 15.3.2000 whereby a sum of Rs.2,26,000/- 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 deceased was driver by profession and he was getting Rs.2500/- per month but the learned Tribunal has assessed the notional income of Rs.15,000/- by way of lump sum after deducting 1/3rd out of the 2 said amount while it should not be deducted in case the income is assessed on notional basis. 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 driver by profession and he is said to be earning Rs.2500/- per month as salary but the learned Tribunal has assessed his income as Rs.10,000/- per annum after deducting 1/3rd from the notional income, therefore, compensation deserves to be computed without any deduction, as under: 15,000x17(multiplier)=2,55,000-1,70,000 (already awarded)= 85,000/- (to be additionally awarded) 7. Accordingly, appeal of the appellants is 3 partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.85,000/- by way of additional enhanced compensation from the date of appeal i.e. 1.7.2000, 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.h/13