// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.1504/2008 Smt. Gulab Wife of Late Shri Gopi and Another Versus Anil Kumar Son of Rakesh Kumar and Others Date of Order ::: 15.12.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri L.L. Gupta, Counsel for appellants Shri Inderjeet Singh, Counsel for respondent No.5 #### By the Court:- Heard learned counsel for the parties. Admit. With the consent of the learned counsel for the parties, the appeal was heard finally and is being disposed of. The claimant-appellants have preferred this appeal for enhancement of the amount of compensation in respect of death of Gopi, who died in a motor-accident took place on 9th November, 2004 and being aggrieved with the impugned Award dated 10th May, 2007, passed by the learned Motor Accident Claims Tribunal, Sawai Madhopur, in Claim Case No.64/2005, whereby the learned Tribunal awarded a total compensation of Rs.1,35,000/- with interest at the rate of 6% per annum from the date of claim // 2 // application i.e. 23rd March, 2005, in their favour. The learned counsel for the appellants contended that the amount of compensation awarded in the present case is not a just compensation. He specifically contended that at-least the amount of compensation awarded under the head of loss of consortium may be enhanced from Rs.5,000/- to Rs.20,000/- and accordingly the total amount of compensation of Rs.1,35,000/- may be enhanced to Rs.1,50,000/-. The learned counsel for the respondent contended that the deceased was of more than 60 years of age and the learned Tribunal rightly assessed his income and rightly determined his age. He further contended that the amount of compensation awarded in the present case is just, fair and reasonable, and no interference in it is called for. I have considered the submissions of the learned counsel for the appellants and examined the impugned Award. The Tribunal, in absence of any documentary evidence, has assessed the monthly income of the deceased as Rs.3,000/- and, on the basis of the postmortem-report and the cross-examination of Smt. Gulab, the wife of the deceased, determined the age of the deceased in between 60 and 65 years and applied // 3 // the multiplier of 5. In these circumstances, I find that the amount of compensation awarded under the head of loss of income is just, fair and reasonable. But, so far as the amount awarded under the head of loss of consortium is concerned, I find that the submission of the learned counsel for the appellants is correct and the said amount of Rs.5,000/-, awarded under the head of loss of consortium, is liable to be enhanced to Rs.20,000/-, and accordingly the total amount of compensation comes to Rs.1,50,000/-. Consequently, the appeal is allowed. The amount of compensation of Rs.1,35,000/-, awarded by the learned Tribunal, is enhanced to Rs.1,50,000/-. The impugned Award is modified accordingly. The enhanced amount of compensation shall also carry interest at the rate of 6% per annum from the date of claim application. No order as to costs. (Narendra Kumar Jain) J. //Jaiman//