1 S.B.CIVIL MISC. APPEAL NO. 1065/2004 (Smt.Dropti and ors. Vs. Satyendra Kumar and ors.) Date of Judgment : 12-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Pankaj Gupta, for the appellants. Mr.S.L.Kumawat, for the respondents. This appeal has been preferred by the dependents-claimants of deceased Lalya Ram @ Lalaram for enhancement of compensation awarded by by learned Motor Accident Claims Tribunal, Bandikui, Distt. Dausa vide order dated 11.3.2004 whereby a sum of Rs.3,23,000/- was awarded by way of compensation for the death of deceased. 2. The only challenge in the appeal pertains to the quantum of compensation. 3. Learned counsel for the appellant-claimants submits that deceased was running a sweet shop and was earing Rs.7,000/- per month, but the learned Tribunal has assessed monthly earning Rs.2,000/- only which is on lower side as the 2 income of the deceased should have been assessed equivalent to that of a skilled labour @84/- per day. 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. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased was 26 years of age and he was survived by his widow and three minor children and he was running a sweet shop and his daily earning deserves to be assessed equivalent to that of skilled labour @84/- per day and the compensation deserves to be assessed as under:- 84x30x12x18(multiplier)-1/3rd=3,62,880-2,88,000 (already awarded by Tribunal)=74,880/-. 3 6. Accordingly, appeal of the appellant is partly allowed and the additional amount of Rs.74,880/- shall be paid to the claimant- appellants with 8% interest to be paid within three months from the date of filing appeal i.e. 5.7.2004. (GUMAN SINGH),J. Srawat/- item no.67