1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.888/2007 (Mohanlal and ors. Vs. Iqbal Hussain and ors.) Date of Judgment : 02-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sanjay Singhal,for the appellants. Mr.Abdul Kalam, for the respondents. With the consent of both the parties, this appeal is being finally heard and disposed of at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellants-dependents of deceased Yogendra, aged 20 years for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Chhabra, Distt. Baran vide judgment dated 16.10.2006 whereby a sum of Rs.2,14,000/- was awarded by way of compensation for the death of deceased Yogendra caused in the accident. 2 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has not awarded adequate compensation as the Tribunal has deducted 2/3rd as against the earning of the deceased and has not adopted the appropriate multiplier as the multiplier of 18 deserves to be adopted in view of guidelines provided in the case of Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121. It is further submitted that only Rs.5000/- has been awarded for loss of love and affection which deserves to be enhanced to Rs.15,000/- so as to award a sum of Rs.5000/- each to the dependents. 6. 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. 3 7. On hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was young man of 20 years and he is survived by his parents and brother & sister whose age is approximately 16 & 18 years respectively and, as such, earning of deceased deserves to be deducted only ½ and a multiplier of 18 deserves to be adopted in view of guidelines provided in Sarla Verma's case (supra). That apart, Rs.5,000/- each to the dependents of deceased deserves to be awarded as the deceased was bachelor and he has been survived by his younger brother, sister and parents. Thus the amount of compensation can be computed as under: Rs.3000-1/2(as against own expenses) =Rs.1500x12x18(multiplier)=Rs.3,24,000- Rs.2,04,000 (already awarded) = Rs.1,20,000/-+Rs.15,000/-(for love and affection)=Rs.1,35,000/- (to be additionally awarded). 8. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant 4 shall get a sum of Rs.1,35,000/- by way of additional enhanced compensation from the date of appeal i.e. 26.2.2007, 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.67