1 S.B. CIVIL MISC. APPEAL NO.3255/2007 KHUBI RAM AND OTHERS VS. SMT. KESHWANTI AND OTHERS DATE OF ORDER :- MAY, 16, 2008, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Jitendra Mitruka for the appellants, Mr. Sumer Singh, for the respondents 1. The case has come up for admission. Both the parties agreed that appeals be disposed of at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This appeal has been preferred on behalf of the dependents of deceased Chandra Devi, for enhancement of compensation passed by learned Motor Accident Claims Tribunal,(Special Court, Dacoity Affected Areas), Bharatpur , dated 17.5.2007, whereby a sum of Rs. 2,95,000/- was awarded by way of compensation. 4. Smt. Chandar Devi, died in the road accident occurred on 13.8.2006, at about 5 2 p.m. when she was going to her village Moodhiya Sad near Jhalatala with tractor No. RJ 05/2R/0669. 5. Learned counsel for the appellants submits that the learned Tribunal has erred in assessing the compensation on lower side though the deceased was the mother of six children and was engaged in weaving and also used to look after the family and contirbute in that manner, hence the compensation deserves to be enhanced. 6. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal on the ground that the same was passed after taking into consideration the evidence adduced by both the parties during the inquiry and no interference is called for . 7. Having considered the submissions and going through the award as well as the record of the case, it is revealed that the deceased was a young lady of about 40 years . She had as many as six issues and out of them five are still minor , though 3 they are of the age between 8 to 16 years. It is also revealed that apart from what she was earning by way of work of weaving, she also used to contribue in the house hold chores and upbringing of the children, the amount assessed by the learned Tribunal seems to be on lower side and apart from what has been awarded by way of assessing the income of Rs. 2400/- p.m. and after deduction of 1/3rd , the ends of justice would be met if the income of the deceased is further added by Rs. 500/- for the house hold work without any deduction as that was a contribution other than by way of any amount of earning. Therefore, the amount is to be enhanced as under:- 1500 x 12 x 15 – 1/3r = 90,000/- + Rs. 5000/- each to the child for loss of love and affection and thereby making total increase of Rs. 1,20,000/-. 8. Accordingly, the award is modified and the amount of compensation is enhanced from Rs. 2,95,000/- to Rs. 4,15,000/- from the date of the appeal i.e. 24.7.07 with 6% interest to be paid within three months , failing which the payment of the 4 amount under the award shall further entail interest @ 9% from the date of appeal. The award stands modified accordingly. The appeal stands disposed of. (Guman Singh)J.