JUDGMENT 1. - Heard learned counsel for the parties. 2. This appeal had been preferred on behalf of dependents of deceased Meetha Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 16th May, 2000 whereby a sum of Rs. 5,24, 800/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to adopt appropriate multiplier and as per second schedule to the M.V. Act, multiplier of 16 deserves to be adopted looking to the age of deceased. It is further submitted that the amount for loss of love and affection and consortium has not been awarded. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the monthly salary of the deceased was Rs. 3,216/- and the same was raised to Rs. 4,800/- for the purpose of treating the future prospects of the deceased and multiplier of 13 was adopted and thus total dependency was assessed amounting to Rs. 5,24,800/-. As the salary of deceased has been raised so as to award enhanced compensation for future prospects and the amount awarded is such which may fetch interest equivalent to the salary of deceased which he was getting at the time of his death and thus the amount awarded for loss of dependency appears to be just and reasonable and calls for no interference. The Second Schedule to the M.V. Act can be taken to be a guideline where compensation is on lower side but here compensation is on higher side, and thus the matter can be disposed off under Section 166 by adopting appropriate multiplier in the facts & circumstances of the case. Thus, the Tribunal has not committed any illegality in adopting a lower multiplier than what is provided in the Second Schedule. As regards loss of love and affection, a total sum of Rs. 10,000/- has been awarded for the loss of love and affection to all the dependents.
Thus, the Tribunal has not committed any illegality in adopting a lower multiplier than what is provided in the Second Schedule. As regards loss of love and affection, a total sum of Rs. 10,000/- has been awarded for the loss of love and affection to all the dependents. Thus, the widow deserves to be awarded a conventional sum of Rs. 15,000/- for loss of consortium and rest of the dependents deserves to be awarded Rs. 5,000/- each for loss of love and affection which comes out to Rs. 35,000/- and after deducting Rs. 10,000/- already awarded on this count, a total sum of Rs. 25,000/- deserves to be awarded in this regard plus Rs. 2,000/- for funeral expenses. Thus, total additional sum of Rs. 27,000/- deserves to be awarded as compensation. 7. Accordingly, appeal of the appellants is party allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs. 27,000/- by way of additional enhanced compensation from the date of appeal i.e. 18th August, 2000, 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.Appeal Partly allowed. *******