1. - With the consent of learned counsel for both the parties, this appeal is being disposed of at admission stage.

2. Heard.

3. This appeal has been preferred by the appellants claimants against the Award dated 7.6.2007, passed by Motor Accident Claims Tribunal, (Special Court, Dacoity Affected Area), Bharatpur, in Claim Case No. 154/2006, whereby a total sum of Rs.7,85,800/-, was awarded by way of compensation for the death of Bhagwan Singh caused in the accident.

4. The only challenge in the appeal pertains to quantum of compensation.

5. Learned counsel for the appellants submits that the Tribunal has failed to adopt appropriate multiplier of 13 under II Schedule to the Motor Vehicles Act and has adopted a multiplier of 11, that deserves to be enhanced so as to adequately compensate the appellants.

6. Per contra, learned counsel for the respondents, supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference.

7. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the Tribunal has adopted a multiplier of 11 while a multiplier of 13 should have been adopted in view of the age of the deceased being 49 years according to the II Schedule of the Motor Vehicles Act and as such the amount deserve to be computed by adopting multiplier of 13 as under:

"8693 x 12 x 13 (multiplier) = 13,56,108 minus ⅓rd(as against the expenses of deceased) = 9,04,072/- minus 7,78,800/- (already awarded) = 1,25,272/-,"

8. The Tribunal has awarded Rs. 5,000/- as against the love and affection and loss of consortium and, therefore, an additional amount of Rs. 15,000/- deserves to be awarded for loss of consortium while 5,000/- each deserves to be awarded for love and affection to four persons, out of which 5,000/- has already been awarded. Thus, an additional sum of Rs. 30,000/- deserves to be awarded.

9. Accordingly, the Award is modified to the extent that the appellants shall be entitled to a sum of Rs. (1,25,272 + 30,000) = 1,55,272/- by way of enhanced additional amount from the date of appeal i.e. 6.9.2007 with interest @ 6% to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable.

10. The appeal stands disposed of accordingly.Appeal Disposed of as Above.

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