1 S.B.CIVIL MISC. APPEAL NO.1624/1999 (Ram Swaroop and ors. Vs. Om Prakash and ors.) Date of Judgment : 26-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.R.K.Mathur , for the respondents. This appeal has been preferred on behalf of dependents of deceased Jagmohan @ Pappu for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 20.7.99 whereby a sum of Rs.3,52,000/- was awarded by way of compensation for the death of deceased caused in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the multiplier of 15 has been adopted while it should have been 17 as the deceased was 25 years of age under the second schedule to the M.V.Act. 2 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased was 25 years of age and as per finding of the learned Tribunal, his income was assessed to be Rs.25,000/- and after deducting 1/3rd for his own expenses, dependency of Rs.20,000/- has been assessed. Thus amount of compensation deserves to be computed by adopting multiplier of 17 as the deceased was found to be 25 years of age. 2000 x 17 (multiplier) = 3,40,000 - 3,00,000 (already awarded for loss of dependency)= 40,000(to be additionally awarded) 6. 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 3 Rs.40,000/- by way of additional enhanced compensation from the date of appeal i.e. 14.10.1999, 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-12