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Rajasthan High Court · body

2008 DIGILAW 2096 (RAJ)

Kalawati v. Jitendra Singh

2008-09-05

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—This appeal has been preferred by the dependents of the deceased Ram Dayal for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Sawai Mathopur vide order dated 1.5.1998 whereby a sum of Rs.4,65,360/- was awarded by way of compensation for the death caused due to accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to adopt appropriate multiplier in view of age of deceased being 50 years and, as such, instead of adopting the multiplier of 10, multiplier of 13 should have been adopted. 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death of the deceased, he was 50 years of old man and, as such, the multiplier of 13 deserves to be adopted while computing the amount of compensation as under: 3753x12x13=5,85,468-4,50,360(already awarded under the other counts by learned Tribunal)= 1,35,108/-. 6. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total amount of compensation deserves to be enhanced by additional amount of Rs.1,35,108/- from the date of appeal i.e. 11.8.1998, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a.