1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR, BENCH AT JAIPUR JUDGMENT SB Civil Misc. Appeal No.1500/2005 DURGA LAL & Ors V/S DHAN RAJ SINGH & Ors. Date of Judgment ::: 10th November,2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Ashwani Chobisa for the appellants. Shri S.C. Mittal) Shri Anoop Dhand), for respondents. Shri R.S. Bhati for respondent No.3. By the Court: Heard learned counsel for the parties. Admit. The respondents are represented by their counsel. With the consent of both the parties, he appeal is heard finally. The legal representatives of deceased Gulab Bai have preferred this appeal u/s 173 of the Motor Vehicles Act, 1988 for enhancement of the amount of compensation against the impugned award dated 4.3.2005 passed by the learned Motor Accident Claims Tribunal, Bundi, whereby the learned Tribunal has awarded a total compensation of Rs.1,66,800/- in their favour. The only contention of the learned counsel for the appellants is that the learned Tribunal committed an illegality in assessing the income of the deceased as Rs.1050/- per 2 month whereas it should have been assessed at least Rs.15,000/- per year as notional income. So far as multiplier applied in the present case is concerned, he contended that she was 25 years of age, therefore, the multiplier of 18 should have been applied in place of 17 as applied by the learned Tribunal. The learned counsel for the respondents contended that the total amount of Rs.1,66,800/- is just and reasonable amount, therefore, no interference should be made in the award passed by the learned Tribunal. I have considered the submissions of both the learned counsel and examined the impugned award as well as the record of the Tribunal. The learned Tribunal while considering the issues No. 3 and 6 relating to quantum of compensation has considered the statement of Durga Lal the husband of deceased who stated that she was earning Rs.3000/- per month. However, he contended that there is no certificate of income placed on record. In the absence of documentary evidence, the Tribunal has assessed monthly income as Rs.1050/- and after deducing 1/3 amount out of it, determined her dependency monthly income as Rs.700/- and by applying the multiplier of 17, awarded a sum of Rs.1,42,800/- towards loss of income. Rs.10,000/- was awarded for physical pain and mentally agony, Rs.10,000/- for loss of 3 consortium and love and affection and Rs.4000/- for funeral expenses and thus awarded total sum of Rs.1,66,800/-. The learned Tribunal has not given any basis for assessing the income of the deceased as Rs.1050/- per month and in these circumstances, I am of the view that her income should have been assessed as notional annual income of Rs.15,000/- and after deducing 1/3 amount out of it, the dependency amount should have been assessed as Rs.10,000/- per year, looking to her age, the multiplier of 18 should have been applied. Therefore the total amount of compensation comes to Rs.10,000 x 18 = 1,80,000/-. the learned tribunal has awarded Rs.24,000/- under other heads as mentioned above. The claimants are entitled to get the said amount of Rs.24,000/-. Thus, the total amount of compensation comes to Rs.2,04,000/-. Consequently, the appeal is allowed. The impugned award passed by the learned Tribunal is modified. The amount of compensation of Rs.1,66,800/- is enhanced to Rs.2,04,000/-. The enhanced amount shall also carry interest @ 6% p.a. from the date of filing of application i.e. 9.3.2004 till date of realisation. No order as to costs. (N.K. Jain),J. Chauhan/