Guman Singh, J. - (1.) HEARD.
(2.) THIS appeal has been preferred on behalf of deceased Narendra Singh Rathore for enhancement of compensation awarded by learned Motor Accidents Claims Tribu- nal, Jaipur City, Jaipur vide award dated 24.7.1999, in Claim Case No. 312 of 1998 whereby a sum of Rs. 5,22,000 was awarded by way of compensation on account of death of Narendra Singh Rathore caused in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellants has submitted that the Tribunal has failed to award adequate compensation as the deceased was 35 years of age but multiplier adopted was 15 and it should have been 17 as per Second Schedule to the Motor Vehicles Act. The learned counsel further submitted that the Tribunal has assessed the income of the deceased on lower side. It was further submitted that the Tribunal has deducted 1/3rd as against the expenses of the deceased while the deceased left behind him a widow and three minor daughters, two of them were studying at Banswara, while one was studying at Jaipur and he had to bear the expenses and as such instead of 1/3rd at least 1/4th deserves to be deducted for the expenses of the deceased. Per contra, learned counsel for the respondents supported the award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced during enquiry and the same calls for no interference. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the deceased died at the young age of 35 years leaving behind his young widow and three daughters of 11 to 14 years age group and two of them were studying at Banswara and one was studying at Jaipur. In view of this position, the personal expenses of the deceased appear to be on the higher side and for that instead of 1/3rd, 1/4th expenses deserves to be deducted from the income assessed by the Tribunal. That apart, multiplier of 17 deserves to be adopted in place of 15 taking Second Schedule to the Motor Vehicles Act to be a guideline. Thus, the amount can be computed as under: Rs. 4,000 minus '74th (for the expenses of the deceased) = Rs. 3,000 x 12 x 17 (multiplier) = Rs. 6,12,000 minus Rs. 4,80.000 (already awarded by the Tribunal) = Rs. 1,32,000 (to be additionally awarded).
(3.) ACCORDINGLY, the impugned award stands modified and the appellants are awarded enhanced amount of Rs. 1.32,000.00 from the date of appeal, i.e., 14.10.1999.00, with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest at the rate of 9 per cent per annum shall be payable. The appeal stands disposed of. Appeal disposed of.;