1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1013/2000 (Madan Ji and ors. Vs. Jai Singh and ors.) Date of Judgment : 14-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Tripurari Sharma, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-dependents of deceased Vijay Prakash Srivastava for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 1.4.2000 whereby a sum of Rs.1,88,600/- 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 learned Tribunal has failed to assessed the adequate compensation and that deserves to be enhanced. It is also submitted that the deceased was a 2 degree holder Engineer in Electronics & Power Engineering from Nagpur and was employed in private company and drawing Rs.4850/-per month and the assessment deserves to be made on that 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. It is also submitted that the salary certificate produced in the court has not been proved beyond doubt and as such, income should not be assessed on the basis of salary certificate. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased was a degree holder Engineer in Electronic and Power Engineering from Nagpur and was employed in private company. The salary certificate submitted in the court mentions his monthly income of Rs.4850/-. On the point of salary certificate, AW-3 Hanuman 3 Ram has been examined who has stated that deceased was Manager in the company and in cross-examination, he deposed that salary included HRA as well as Ex-gratia amount also. Thus his salary deserves to be taken into account for computing the income after deducting 10% on account of amount drawn for HRA and Ex-gratia payment. The deceased was an unmarried young man and his salary was higher than the salary provided for structure formula under second schedule to the M.V.Act and as such, 50% of the salary deserves to be deducted as against his own expenses while computing the income. Thus the compensation can be computed as under: 4850-1/2(for own expenses)x12x15(multiplier) = 4,36,500-1,83,600(already awarded) =2,52,900-25,200(10% deduction for HRA and Ex-gratia payment)=2,27,700/- (to be additionally awarded) 7. 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 Rs.2,27,700/- by way of additional enhanced compensation from the date of appeal i.e. 4 7.7.2000, 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.24