1 S.B.CIVIL MISC. APPEAL NO. 1060/2006 (Smt.Roshni Devi and ors. Vs. Gyarsilal and ors.) Date of Judgment : 09/09/2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari with Mr.R.S.Sharma, for the appellants. Mr.R.S.Bhati & Mr.Anirudh Singh, for the respondents. This appeal has been preferred by the dependents of deceased Anil Kumar for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Khetri, Distt. Jhunjhunu vide order dated 31.5.2005 whereby a sum of Rs.3,26,460/- was awarded by way of compensation on account of death of deceased Anil Kumar. 2. The only challenge in the appeal pertains to the quantum of compensation. 3. Learned counsel for the appellant submits that the learned Tribunal has not awarded adequate compensation as the learned Tribunal has taken into consideration Rs.60/- per day by way of daily wages to the deceased and after deducting 1/3rd, amount has been computed though 20% has been further added by way of expected 2 increase of future earning but he should have been awarded compensation equivalent to that of skilled labour amounting to Rs.80/- per day and hence amount deserves to be enhanced. 4. Per contra, the learned counsel appearing on behalf of the respondent-Insurance Company submitted that the learned Tribunal has considered the evidence adduced before it, and has awarded the adequate compensation, and thus the award of learned Tribunal calls for no interference. 5. A perusal of the evidence adduced during the enquiry, it is revealed that the amount of earning of deceased deserves to be considered equivalent to that of skilled labour amounting to Rs.84/- per day for computing income and by deducting 1/3rd as against the expenses of the deceased. That apart the amount of Rs.10,000/- awarded for loss of consortium deserves to be further increased by Rs.5000/- so as to make a traditional amount of Rs.15,000/- looking to the young age of the widow. 3 84x30-1/3rd=1680x12x17(multiplier)=3,42,720/- +5,000(additional consortium)=3,47,720-2,44,800 (amount of dependency awarded by the Tribunal) =1,02,920/-. (to be additionally awarded) 6. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, total additional amount of compensation to the tune of Rs.1,02,920/- shall be paid from the date of appeal i.e. 25.8.2005, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. (GUMAN SINGH),J. Srawat/- item no.76