1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.562/1999 SMT. TAHIRA BEGUM & Ors V/s M/s ASHOK PAINTS & Anr DATE OF JUDGMENT :: APRIL 11, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri K.N. Tiwari, for claimants-appellants. Shri Vinay Mathur on behalf of Shri Tej Prakash, for respondents. BY THE COURT : (Oral) This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred for enhancement of the award, by the claimants-appellants against judgment dated February 23, 1999, passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur and Rajasthan State Co-operative Tribunal, Jaipur (for short “the Tribunal”) whereby a sum of Rs.4,52,280/- was awarded to the dependents of deceased Gafoor Khan. On April 19, 1996 Gafoor Khan was driving Loading Three Wheeler RNG 3458. When he was crossing S.F.S. Chauraha, 2 suddenly two girls came on scooter, Gafoor applied break to save them and the scooter overturned resulting his death. Learned counsel for the appellants argued that the learned Tribunal has failed to rightly calculate the amount of compensation after deducting 1/3rd of his monthly income of Rs.3,500/- on applying multiplier of 16. According to the learned counsel, on calculation, the amount comes to Rs.4,48,600/- instead of Rs.4,41,600/-. Learned counsel for the appellants has also argued that no amount has been awarded by way of loss of consortium and loss of love and affection to the dependents and the learned Tribunal also failed to award the interest from the date of claim of the appellants on the amount of award passed. Per contra, leaned counsel for the respondents supported the judgment of the learned Tribunal on the ground that the Tribunal has awarded adequate compensation after holding the enquiry and the evidence 3 adduced by the parties and the award does not call for any interference but agrees to the proposition that the revised calculation may be taken on record. In view of submissions of the learned counsel, I find that the deceased died at the age of 40 years and I deem it proper to award Rs.15,000/- for loss of consortium to the widow. Likewise, the deceased left four minor children and two parents and Rs.5000/- is awarded to the minor children for love and affection. The learned Tribunal failed to award interest on the amount of 4,52,280/- as no interest was awarded on the amount of compensation and as such I deem it proper to award interest at the rate of 6% per annum from the date of filing of the claim petition. Accordingly, award is modified and interest @ 6% from the date of filing of claim petition is allowed on the amount of award initially grained by the Tribunal. The amount of compensation is further 4 enhanced from Rs.4,52,280/- to Rs.5,03,000/- with interest @ 6% p.a. from the date of appeal with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% p.a. from the date of appeal i.e. 30.3.1999. The appeal stands disposed of with the modification of the award as stated hereinabove. (Guman Singh), J. Chauhan/