1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.1386/2001 (arising out of Claim No.90/2000) SMT. SANTOSH V/s RAJENDRA & Ors DATE OF JUDGMENT ::::: MAY 27, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri L.L. Gupta, for claimant-appellant. Shri Tej Prakash Sharma, for National Insurance Company Limited. BY THE COURT : (Oral) 1. This appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred by Smt. Santosh Widow of Jagdish Prasad for enhancement of compensation against the order dated May 28, 2001 passed by the learned Judge, Motor Accident Claims Tribunal, Sawaimadhopur (for short 'the “the Tribunal) whereby a sum of Rs.2,01,000/ was awarded by way of compensation 2. On 15.2.2000 at 3.30 P.M. deceased Jagdish came down from bus and was going on footpath towards Lalsot road and there he was dashed by Cantor (mini truck) HR-39/7204 and sustained injuries and died on account of the 2 injuries. 3. Learned counsel for the appellant submitted that the learned Tribunal has failed to award adequate compensation on account of death of deceased Jagdish who was 25 years old and he was an agriculturalist and used to earn Rs.4,000/- per month. Learned counsel further submitted that the learned Tribunal has not awarded compensation after assessing the income and dependency of the deceased and has awarded compensation by way of lump sum amount. 4. Per contra, learned counsel for the Insurance Company argued that the adequate compensation was awarded by the Tribunal on the basis of the evidence led by two sides during enquiry and calls for no interference. 5. In view of the submissions of the learned counsel and going through the award as well as the record of the case, it is revealed that at the time of accident the deceased was 25 years of old and he left behind his widow only. The deceased is said to be an agriculturalist but no stable income could be assessed as such taking his income as skilled labourer the amount deserves to be computed. Accordingly, the wage of skilled labourer is 3 taken Rs.80/- per day and after deduction of Rs.20/- for the expenses of deceased, the amount deserves to be computed as thus : 60 x 30 x 12 x 18 = Rs.3,88,800/-. 6. Accordingly the award is modified to the extent that the amount of compensation of Rs.2,01,000/- is substituted by Rs.3,88,800/- from the date of appeal i.e. 20.7.2001. The amount so increased shall entail interest @ 6% p.a. from the date of the order to be paid within three months failing which interest @ 9% p.a. shall be payable. 7. The appeal is disposed of accordingly. (Guman Singh), J. chauhan/