REKHA GOYAL Vs. ALIM

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of appellant-dependents of deceased Rajeev goyal for enhancement of compensation awarded by the learned Motor Accident Claims tribunal, Jaipur city, Jaipur vide judgment dated 11. 10. 1999 whereby a sum of rs. 10,36,096/- was awarded by way of compensation for the death of deceased in the accident.

(2.) THE only challenge in the appeal pertains to quantum of compensation only.

(3.) LEARNED counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as multiplier of 12 has been adopted whereas it should have been 15 as the date of birth of deceased was 9. 11. 53 as per his income tax return Ex. 18. It is also submitted that vide letter dated 28. 3. 99, the Tribunal was informed by the concerned department of deceased that his date of birth was 9. 11. 53. Thus the age of the deceased on the date of accident was between 44 to 45 years. It is further submitted that by adopting the guidelines of Hon'ble Supreme Court in Sarla verma and anr. Vs. DTC and ors.-2009 (6) SCC,121, a multiplier of 15 deserves to be adopted.