VINEET KOTHARI, J. - (1.) The present appeal is directed against the impugned award of Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal') dated 25.3.1994 deciding the Claim.Case No. 673 of 1987.
(2.) The learned Tribunal awarded a sum of Rs. 2,02,200/- alongwith interest @ 12% p.a. from the date of filing of claim i.e. 31.10.1987 and 15% if the claim is not paid within one month. The present. appeal for enhancement of compensation has been filed mainly on the ground that deceased- Nand Lal was 37 years of age who died in the accident in question, the multiplier of only 13 has been applied by the Tribunal and the net income of Rs. 1,200/- only has been taken which is on the lower side. Deceased- Nand Lal was engaged in the business of sale and purchase of land and therefore, the average monthly income ought to have been taken between Rs. 3,000/- to Rs. 4,000/- p.m.
(3.) Considering all the facts and circumstances of the case and in view of the judgment of Hon'ble Supreme Court in General Manager Kerala State Road Transport Corporation v. Susamma Thomas and Ors., 1994 ACJ 1, the net monthly income is taken at Rs. 1,500/- and applying the multiplier of 16 as per Schedule II to the Motor Vehicles Act, 1988, the compensation would come to Rs. 1,500 x 12 x 16 = 2,88,000/- instead of Rs. 2,02,200/- as computed by the Tribunal.;