1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.1849/2006 (arising out of Claim No.105/2002) PHOOLI BAI & Ors. V/s MOHAMMED MIYAN & Ors. DATE OF JUDGMENT ::::: MAY 28, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri D.S. Jadoun, for appellants/claimants. Shri V.P. Mathur, for National Insurance Comp. BY THE COURT : (oral) 1. This appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred by dependents of deceased Sita Ram, the appellants/claimants herein, for enhancement of compensation against the order dated March 22, 2005 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk (for short 'the “the Tribunal) whereby a sum of Rs.2,77,500/- was awarded by way of compensation 2. On 26.12.2001 deceased Sita Ram along with others was going on motor-cycle who met with an accident by Maruti Car RJ 20C 5940 and Sita Ram died. 2 3. Learned counsel for the appellants submitted that deceased Sita Ram was only bread earner and left behind his widow, mother and minor girl child. Learned counsel submitted that the learned Tribunal has erred in not awarding adequate compensation as the income of the deceased was about Rs.5,000/- on account of agricultural operations as well as by selling of milk. 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 the deceased was a young man of 22 years and he was engaged in manual labourer as well as other allied work and his income has been assessed Rs.60/- per day by the learned Tribunal and in the facts of the case, his income deserves to be assessed @ 80/- per day equivalent to skilled worker and the compensation deserves to be compensated as thus : Rs.1600/- x 12 x 17 = Rs.3,26,400/- + Rs.32,700/- (on other heads) + Rs.5000/- (loss 3 of consortium). Thus the amount comes to Rs.3,64,100/-. 6. Accordingly, the award is modified to the extent that the amount of compensation of Rs.2,77,500/- is substituted by Rs.3,64,100/- from the date of appeal i.e. 5.7.2005. 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 with the modification indicated hereienabove. (Guman Singh), J. chauhan/