// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2138/2008 Rajesh Kumar Son of Shri Iliyash and Others Versus Balwant Singh Son of Shri Kailash Chand and Others Date of Order ::: 12.11.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sudhir Kumar Tewari, Counsel for appellants #### By the Court:- Heard learned counsel for the appellants. The claimant-appellants have preferred this appeal for enhancement of the amount of compensation, being aggrieved with the impugned Award dated 05.12.2007 passed by the Motor Accident Claims Tribunal (ADJ Fast Track), Behror, whereby the learned Tribunal awarded total compensation of Rs.2,37,000/- in their favour. The only submission urged on behalf of the appellants by their learned counsel is that the learned Tribunal committed an illegality in not awarding the amount of compensation on account of deprivation of love and affection in // 2 // favour of the claimants No.3 and 4, namely, Kuldeep (aged 4 years) and Sonia (aged 1 year), who were brother and sister of the deceased. No other point has been urged on behalf of the appellants. I have considered the submission urged by the learned counsel for the appellants and examined the impugned Award, particularly the finding of the learned Tribunal in respect of Issue No.2 relating to quantum of compensation. The deceased Sandhya, aged about 7 years, died in a motor-accident took place on 17th December, 2006. The learned Tribunal determined notional annual income of the deceased as Rs.15,000/- and applied the multiplier of 15 and awarded compensation of Rs.2,25,000/- (15000x15) for loss of income; Rs.10,000/- were further awarded in favour of the claimants No.1 and 2/parents for mental agony and Rs.2,000/- for funeral expenses. So far as claimants No.3 and 4 are concerned, the learned Tribunal rejected their claim for compensation on the ground that they did not fall within the first category of legal heirs of the deceased. After considering all the facts and circumstances of the case, I am satisfied that the impugned Award passed by the learned // 3 // Tribunal appears to be legal and justified. The appellants No.3 and 4 Kuldeep and Sonia were 4 years and 1 year of age, respectively, therefore, the Tribunal was right in not allowing any compensation in their favour under the head of love and affection. The amount of compensation awarded in favour of the claimants, looking to the age of deceased, appears to be just and reasonable and no interference in it is called for. In view of the above discussion, I do not find any merit in this appeal and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//