JUDGMENT 1. (Oral) - The present Misc. Appeal has been filed by the appellants, who were the claimants before the learned Tribunal in MAC No. 37/1995 (868/1995), against the judgment and award dated 29.08.2000 passed by the learned Motor Accident Claims Tribunal (First), Jodhpur, by which, while allowing the claim application of the claimants, the learned Tribunal awarded a sum of Rs. 4,27,000/- towards the compensation to the claimants for the death of Tejveer Singh, 25 years, who was the husband of the appellant No.1, son of the appellants Nos. 2 and 3 and father of the appellant No. 4. This appeal has been preferred by the appellants-claimants seeking enhancement of the amount of compensation awarded by the learned Tribunal. 2. The brief facts of the case are that the appellants claimants had filed the claim application aforesaid seeking compensation in the sum of Rs. 15,18,480/- for the death of Tejveer Singh with the averments that on 05.07.1994 when Tejveer Singh was going in a slow speed and right side on the Circuit House Road, Jodhpur at around 6:34 p.m., on Circuit House Choraha, the respondent No.1, Tejraj S/o Mishri Lal Kalal, the driver of the offending truck bearing registration number R.J. 14-G-1348, by rash and negligent driving, hit the Moped driven by Tejveer Singh and as a result of this hit, Tejveer Singh fell down and received serious injuries on his head and on the other parts of his body. He was taken to Mahatma Gandhi Hospital where, he was declared dead. It was also averred that the accident in question was caused by the rash and negligent driving of the driver of the offending vehicle in question. It was further averred that the the age of the deceased at the time of accident was 25 years and he was working as Class IV Servant in Indian Air Force and his salary was Rs. 3593/- per month. It was averred that the deceased has family consisting his wife, parents and a minor son and if the deceased had not died, he could have served the Indian Air Force upto the age 55 years. The deceased was working on the post of Corporal. 3593/- per month. It was averred that the deceased has family consisting his wife, parents and a minor son and if the deceased had not died, he could have served the Indian Air Force upto the age 55 years. The deceased was working on the post of Corporal. The claimants also averred that the respondent No.1 Tejraj S/o Mishrilal Kalal, the driver, the respondent No.2 M/s Sunil Talwar, the owner and the respondent No.3 National Insurance Company, insurer of the offending vehicle No. R.J. 19-G-1348 were liable for paying the compensation for the death of Tejveer Singh in the accident in question. Thus, a compensation in the sum of Rs. 15,81,480/- was claimed by the claimants. 3. After filing of the counter to the claim application by the respondents, the Tribunal had framed the points for adjudication of the claim case and after taking the evidence on record and after its appreciation, awarded the compensation only in the sum of Rs. 4,27,000/- in favour of the claimants. 4. Being aggrieved by the award dated 29.08.2000, the appellants-claimants have filed the present civil miscellaneous appeal seeking an enhancement of the amount of compensation. The learned counsel Mr. R.S. Choudhary on behalf of Mr. K.R. Choudhary appearing for the claimants submitted that the present appeal seeking enhancement deserves to be allowed looking to the young age of the deceased at the time of accident and also looking to the fact that the deceased was in Government Job. The learned counsel further submitted that the future prospects of increase in salary has not been considered by the learned Tribunal, while awarding the meagre amount of compensation to the claimants. However, opposite counsels have supported the impugned award. 5. Having heard the learned counsels for the parties and upon perusal of the material placed on record including the impugned judgment and award dated 29.08.2000, it is noticed that the learned Tribunal had taken the income of the deceased only Rs. 2000/- after deducting one-third i.e., Rs. 1000/-, had assessed the dependency for the claimants at Rs. 4,00,000/- after applying a multiplier of 17. 2000/- after deducting one-third i.e., Rs. 1000/-, had assessed the dependency for the claimants at Rs. 4,00,000/- after applying a multiplier of 17. This Court is of the opinion that the Tribunal below has erred in applying the multiplier of 17 only while holding that the deceased had completed 25 years of age, however, looking to the facts and circumstances of the case and the age of the deceased ranging in the group of 25-30 years of age, the multiplier of 18 ought to have been applied. 6. Upon perusal of the record, this Court finds that the Tribunal has also erred in not considering the aspect of future prospects of increase in salary looking to the fact that the deceased was a Corporal (A Class-IV Employee) in the Indian Air Force, having definite chances of increase in the salary income. Therefore, in the opinion of this Court, the claimants are entitled for 50% increase in the amount of compensation under the head of loss of income awarded by the Tribunal in the light of the judgment of the Hon'ble Supreme Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121 . The relevant extract from the aforesaid judgment in the case of Sarla Verma (supra) is quoted herein below for ready reference:- "24. ..... In view of imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years. (Where the annual income is in the taxable range, the words "actual salary" should be read as "actual salary less tax"). The addition should be only 30% if the age of the deceased was 40 to 50 years. There should be no addition, where the age of the deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardise the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time of death. Where the deceased was self-employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances." 7. This Court also finds that the other amounts awarded to the claimants under the other headings viz. Rs. 10,000/- to the wife of the deceased for loss of companionship and Rs. 5,000/- each to the parents and child of the deceased is also on the lower side. The findings of the learned Tribunal below on the issue No. 3 are however upheld. 8. Thus, in view of the discussion aforesaid, this Court is of the opinion that the present appeal deserves to be allowed and the Tribunal concerned deserves to be directed to recompute the amount of compensation as mentioned herein under:- (i) As per the Second Schedule, the multiplier of 18 ought to have been applied instead of 17, looking to the age group of the deceased ranging in between 25 to 30 years. (ii) 50% increase in the salary of the deceased in view of the decision of the Hon'ble Supreme Court in the case of Sarla Verma (supra) be taken into account. (iii) Ad-hoc enhancement by Rs. 25,000/- under the other headings like loss of companionship to the wife, love and affection for the parents and the minor son is also awarded. The Tribunal concerned shall re-compute the compensation within three months from today. 9. Accordingly and in view of the above, the present Misc. Appeal filed by the appellants-claimants Smt. Kusum Lata Ashok wife of late Tejveer Singh is allowed and the respondents namely, the driver, the owner and the insurer of the offending vehicle are directed to further pay the enhanced amount of compensation along with interest 9% per annum from the date of filing of the claim petition before the Tribunal till the actual payment of the enhanced amount of compensation within a period of three months from today. No costs. A copy of this order be sent to the learned Tribunal and to both the parties concerned forthwith.Appeal allowed. *******