JUDGMENT 1. . - With the consent of learned Counsel for both the parties, this appeal is being disposed off at admission stage.Heard. 2. This appeal has been preferred on behalf of the dependents of deceased Damodar Lal, for enhancement for compensation, against the Award passed by learned Motor Accident Claims Tribunal, Special Judge (Dacoity Affected Area) Bharatpur, vide Award dated 16th July, 2007, in claim case No. 14/07, whereby a total sum of Rs. 3,91,000/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The only challenge in the appeal pertains to quantum of compensation. 4. Learned Counsel for the appellants has submitted that the Tribunal has assessed the income of the deceased on the lower side as the deceased was having income from the shop of electrical goods for which he has submitted Bills Ext. 12 to Ext. 30, hence, instead of 3,000/- income of the deceased deserves to be assessed at the rate of 3,500/- p.m. The learned Counsel further submitted that the deceased was found to be 32 years old as per the post-mortem report but the Tribunal has assessed his age to be 35 years. 5. 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. 6. Having considered the arguments and going the award as well as the record of the case, it is revealed that the deceased was engaged in dealing electrical goods, which is evident from the bills pertaining to electric goods issued in his name from Ext. 12 to Ext. 30 and, therefore, as submitted by learned Counsel, the income of the deceased deserves to be assessed at the rate of Rs. 3,500/- instead of Rs. 3,000/- as assessed by the Tribunal. Likewise, the age of the deceased also deserves to be assessed between 30 to 35 years and the compensation deserves to be computed by taking II Schedule to the Motor Vehicles Act to be the guideline as under: "3500 x 12 x 17 (Multiplier) minus ⅓rd for his own expenses = Rs. 4,76,000 minus Rs. 3,84,000 (already awarded) = Rs. 92,000. 7. Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of Rs.
4,76,000 minus Rs. 3,84,000 (already awarded) = Rs. 92,000. 7. Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of Rs. 92,000 from the date of appeal i.e. 11th October, 2007, with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 per cent p.m. shall be payable. The rest of the terms of the Award shall remain unchanged.The appeal stands disposed off.Appeal disposed off. *******