IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.2285/04 SMT. NIRMALA DEVI AND OTHERS VS DHOLU KHAN AND OTHERS DATE OF JUDGMENT:- SEPTEMBER 5, 2008, HON'BLE MR. JUSTICE GUMAN SINGH Mr.Sandeep Mathur, for the appellants, Mr.Tej Prakash Sharma, for the respondents (ORAL) With the consent of learned counsel for both the parties, the appeal is disposed of at the admission stage. Heard. This appeal has been preferred on behalf of dependents of deceased Girdhari, for enhancement of compensation awarded by the Motor Accident Claims Tribunal, and Judge, Special Court( Fake Currencies), Jaipur City, Jaipur, vide judgment dated 27.7.2004, in claim case no. 453/04, whereby a sum of Rs. 5,02,000/- was awarded by way of compensation for the death of deceased caused in the accident. The only challenge in the appeal pertains to the quantum of compensation . Learned counsel for the appellants submits that the Tribunal has assessed the income of the deceased on lower side and also not awarded adequate compensation on other heads which deserves to be enhanced. Per contra , learned counsel for the respondents supported the judgment of the Tribunal on the ground that the learned Tribunal has awarded adequate compensation in view of evidence adduced during inquiry and the same calls for no interference. . In view of the above submissions and on perusal of the Award as well as the record of the case , it is revealed that the deceased was 25 years at the time of death and was engaged in making handy- craft articles at his residence and he is survived by his widow aged 23 years and two minor children and parents . Though it has been argued that the deceased used to earn Rs. 2,000/- p.m. but no documentary proof in support of the oral statement has been produced before the Tribunal and the Tribunal has assessed the monthly income of the deceased to be Rs. 3,000/- and after deducting 1/3rd from the said amount, the amount of compensation has been computed . In view of the evidence adduced, the finding of learned Tribunal is just and reasonable and calls for no interference. As regards the amount awarded under other heads, a consolidate amount of Rs. 30,000/- has been awarded for loss of consortium, loss of love and affection and funeral charges. In this regard, looking to the age of the widow, being 23, the amount of consortium deserves to be enhanced to Rs. 30,000/- and for the two minor children, a sum of Rs. 10,000/- each for loss of love and affection and Rs. 10,000/- for parents deserves to be awarded. Accordingly, instead of Rs. 30,000/- a sum of Rs. 60,000/- deserves to be awarded . Accordingly , while maintaining other terms of the award, an additional amount of Rs. 60,000/- is awarded, with 6% interest p.a. from the date of appeal i.e. 25.10.04, with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . The impugned award stands modified and the appeal is disposed of. (Guman Singh)J.