1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2549/2006 (Smt.Santosh Vs. Bhupendra) Date of Judgment : 16-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Gaurav Gupta, for the appellants. Mr.NL Verma, for the respondents. With the consent of both the parties, this appeal is being heard and finally 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 Jagdish for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kotputli, Distt. Jaipur vide judgment dated 23.2.2006 whereby a sum of Rs.4,21,000/- was awarded by way of compensation for the death of deceased in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 2 5. Learned counsel for the appellant submits that the learned Tribunal has awarded compensation by deducting 1/3rd as against the expenses of deceased while the deceased survived by six dependents which includes widow, mother and four children and, as such, 1/4th deduction deserves to be made by following the judgment of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121. It is also submitted that instead of adopting the multiplier of 16, the learned Tribunal has adopted the multiplier of 15 ½. That apart, as the deceased was 24 years of age as per the deposition of the widow while the Tribunal has assessed the age as per post mortem report which can only show approximate age. 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 24 years and he is suvived by widow, old mother and four children and, as such, number of dependents being 6, instead of 1/3rd deduction, deduction of 1/4th deserves to be made by following the judgment of Hon'ble Supreme Court in Sarla Verma's case (supra). Likewise, multiplier of 16 deserves to be adopted in view of age of deceased is found to be 24 years as deposed by the widow and also shown in the claim petition. Thus the amount of compensation can be computed as under: Rs.2250x12x16(multiplier)=Rs.4,32,00-(minus) Rs.3,72,000(already awarded) =Rs.60,000/- (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 shall get a sum of Rs.60,000/- by way of additional enhanced compensation from the date of appeal i.e. 3.7.2006, with 6% interest to be paid within three months. 4 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.98