1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1456/2008 (Smt.Rajwati and ors. Vs. United India Insurance Co. Ltd.) Date of Judgment : 18-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Dinesh Kumar Garg,for the appellants. Mr.JP Gupta & Mr.Inderjeet Singh, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Raju for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dholpur vide judgment dated 10.1.2008 whereby a sum of Rs.2,98,000/- was awarded by way of compensation for the death of deceased in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has 2 failed to award adequate compensation as the income of the deceased has been assessed on lower side. It is submitted that the adequate amount of compensation for loss of consortium and love & affection has not been awarded by the learned Tribunal. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has assessed the income of the deceased to be Rs.2000/- per month while the income deserves to be assesses equivalent to minimum wages payable to the skilled labour i.e. Rs.80/- per day. That apart, widow deserves to be awarded additional sum of Rs.10,000/- so as to make it Rs.15,000/- for loss of consortium. Likewise, five dependents deserves to be awarded Rs.5000/- 3 each amounting to Rs.25,000/- for loss of love and affection as no amount has been awarded under this count. Thus the amount for compensation can be computed as under: 80x30x12=28,800-1/3rd (for own expenses) =19,200x18(multiplier)=3,45,600-2,88,000 (already awarded)=57,600+35,000 (to be additionally awarded for loss of consortium and love & affection)=92,600/- (to be additionally awarded). 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.92,600/- by way of additional enhanced compensation from the date of appeal i.e. 4.3.08, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.80