GUMAN SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal has been preferred on behalf of appellant-dependents of deceased Abdul Rahman for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sikar vide judgment dated 26.3.1999 whereby a sum of Rs.1,90,000/- was awarded by way of compensation for the death of deceased caused in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellant submits that the learned Tribunal has assessed the yearly income amounting to Rs.15,000/- by way of lump sum on the basis of minimum wages while the deceased was a young man of 35 years and went abroad on work permit and had an NRI account and, as such, monthly earning of the deceased deserves to be enhanced for computing compensation. 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. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that deceased Abdul Rahman, aged 35 years is survived by his widow and five minor children. He was driver by profession and as revealed from the evidence, he had gone to Gulf Country on work permit and, as such, his monthly income assessed by the Tribunal appears to be on lower side and that deserves to be assessed as Rs.3000/- per month and after deducting 1/3rd as against own expenses, amount of compensation deserves to be computed by adopting multiplier of 17, as under:Rs.2,000 x 12 x 17 (multiplier) = Rs.4,08,000/- -(minus) Rs.1,70,000/-(already awarded)=Rs.2,38,000(to be additionally awarded)
(3.) 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.2,38,000/- by way of additional enhanced compensation from the date of appeal i.e. 28.6.99, 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.;