1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.908/2008 (Smt.Bhagmati and ors. Vs. Jaipal Singh and ors.) Date of Judgment : 04-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Sharma,for the appellants. Mr.R.S.Bhati, for the respondents. Both the parties are agreed to for 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 Rajendra for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kishangarh Bas, Alwar vide judgment dated 30.10.2007 whereby a sum of Rs.3,99,000/- 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 assessed the income of the deceased to be Rs.3,000/- which is on lower side and the 2 deceased was driver by profession and, as such, income deserves to be enhanced to Rs.3500/- per month. It is further submitted that the learned Tribunal has not awarded compensation for loss of love and affection which deserves to be awarded. 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 deceased was 40 years of age and he was survived by his widow, three children and old mother. Previously, he was engaged as driver in RSRTC and thereafter he was working privately as driver and, as such, his income assessed by the Tribunal amounting to Rs.3000/- per month appears to be on lower side. As the matter pertains to year 2006, therefore, income deserves to be assessed as 3 Rs.3500/- per month as submitted by learned counsel for the appellants. That apart, no amount has been awarded for loss of love & affection and as such, three children and old mother of the deceased, Rs.5000/- each amounting to RS.20,000/- deserves to be awarded. Thus the amount of compensation can be computed as under: 3500x12x16(multiplier)-1/3rd (as against own expenses of deceased)=4,48,000-3,84,000 (already awarded)= 64,000+20,000(for loss of love & affection)=84,000/- (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.84,000/- by way of additional enhanced compensation from the date of appeal i.e. 31.1.2008, 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.106