Judgment J.R Goyal, J.-This appeal is directed against the order dated 05.08.1996 passed by Motor Accident Claims Tribunal, Jaipur District, in Claim Case No. 88/1994 on the ground of inadequacy of compensation. 2. Brief facts of the case are that on 112.1993 deceased Khem Singh was returning to Jaipur from Hindon by car No. RND 8130, which met with an accident with truck No. RJ 05G 349, driven by Respondent No. 1 Hansraj rashly and negligently, coming from opposite direction, as a result of which Khem Singh died. The legal representatives of deceased Khem Singh filed claim application before the learned Tribunal. Learned Tribunal awarded compensation to the tune of Rs. 5,19,000/-to the claimants. 3. Heard learned Counsel for the parties and perused the impugned order. 4. It is contended on behalf of the appellant that deceased Khem Singh died in the road accident at the age of 40. He was working as Security Officer in State Bank of Bikaner and Jaipur and getting about Rs. 9,000/-per month, but the learned Tribunal did not consider the future prospects of deceased and only multiplier of 7 has been adopted which is not in accordance with the second schedule under Section 163-A of the Motor Vehicles Act, 1988 (for short the Act of 1988), and that a higher multiplier ought to have been adopted in this case. 5. Learned Counsel appearing for the Insurance Company supported the award and contended that considering entire facts and circumstances, learned Tribunal has rightly passed the award, which does not require any interference by this Court. 6. I have considered the rival submissions of the parties. 7. Learned Tribunal found that deceased Khem Singh died in the road accident due to rash and negligent driving of the truck by Respondent No. 1 Hansraj. Learned Tribunal also found that at the time of his death he was getting Rs. 8038/-excluding house rent allowance and other allowances. Considering future prospects learned Tribunal determined his monthly income Rs. 9,000/-. Deducting one-third on account of his personal expenses learned Tribunal assessed loss of dependency Rs. 6,000/ - per month. i.e., Rs. 72,000/-per annum, but adopted multiplier of 7 which seems to be on lower side looking to the age of the deceased. 8.
Considering future prospects learned Tribunal determined his monthly income Rs. 9,000/-. Deducting one-third on account of his personal expenses learned Tribunal assessed loss of dependency Rs. 6,000/ - per month. i.e., Rs. 72,000/-per annum, but adopted multiplier of 7 which seems to be on lower side looking to the age of the deceased. 8. Honble Apex Court in Tamil Nadu State Transport Corporation Ltd. vs. S. Rajapriya & two Ors, SLP (C) No. 6144/2004, decided on 20.04.2005 held that to determine just and reasonable compensation, proper multiplier should be adopted taking note of the prevailing rate of interest in bank. In that case age of the deceased was 38 years. Division Bench of the Madras High Court upheld the Judgment of Motor Accident Claims Tribunal which applied the multiplier of 16 but Honble apex Court, taking note of the prevalent bank interest, deemed it proper to adopt multiplier of 12. 9. In the instant case, the age of deceased was 40 years. He died leaving behind his widow, mother and two children. Considering the age of deceased Khem Singh and his dependents and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest and keeping the observations of the Honble apex Court in the case of Tamil Nadu State Transport Corporation Ltd. (Supra), I deem it appropriate to adopt multiplier of 12 instead of 7, for determination of just and reasonable compensation in the totality of the facts and circumstances of this case. Thus, the loss of dependency comes to Rs. 8,64,000/-. Learned Tribunal awarded Rs. 15,000/-under the head of loss of consortium, which does not call for any interference. 10. Consequently, the appeal is partly allowed. The compensation is enhanced from Rs. 5,19,000/-to Rs. 8,79,000/-. The claimants are also entitled to receive interest at the rate of 6% per annum on the enhanced amount from the date of the claim application.