1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.20/2000 (Rafiq Mohd. And ors. Vs. Taseer Ahmed and ors.) Date of Judgment : 26-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rakesh Bhargava,for the appellant. Mr.Virendra Lodha, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Chote Khan for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bayana vide judgment dated 18.2.1999 whereby a sum of Rs.2,60,000/- was awarded by way of compensation for the death of deceased caused 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 awarded RS.2,50,000/- as lump sum and Rs.10,000/- for incidental charges while the amount deserves to be computed by taking second schedule to the M.V.Act to be the 2 guideline and assessed Rs.25,000/- to be the income of the deceased who was working as driver as well as mechanic in the shop. 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. It is submitted that the matter pertsins to the year 1994 and the income of the deceased has to be assessed in that light. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased was of 25 years old and he was driver and was running a mechanic shop. He was stated to be earning Rs.4000/- per month but in view of the fact that matter relates to year 1994, amount deserves to be assesssed to Rs.25,00/- per month and compensation deserves to be awarded by taking second schedule to the M.V. Act to be the guideline. That apart, sum of Rs.15,000/- 3 deserves to be awarded for loss of consortium to the widow and 5000/- each to three children for loss of love and affection. Thus the compensation can be calculated as under: 2500x12x17(multiplier)-1/3rd( for own expenses)= 3,40,000+30,000 (for loss of consortium & loss of love and affection)= 3,70,000-2,50,000 (already awarded)= 1,20,000 (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.1,20,000/- by way of additional enhanced compensation from the date of appeal i.e. 4.5.99, 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.14