1 S.B.CIVIL MISC. APPEAL NO.3203/2005 (Smt.Suman and ors. Vs. M/s. Milap Transport Centre Road and ors.) Date of Judgment : 16-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anil Jain,for the appellants. Mr.V.P.Mathur, for the respondents. The learned counsel for both the sides agreed for final disposal of the appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Ram Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Behror (Alwar) vide judgment dated 17.9.2005 whereby a sum of Rs.2,55,000/- was awarded to the appellant-claimants. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellants submits that the learned Tribunal has awarded compensation on lower side as the income of the deceased has been assessed as Rs.15,000/- per annum while the deceased was engaged in Motor Binding and allied works. 2 It is further submitted that the learned Tribunal has failed to award compensation for loss of love & affection and loss of consortium, therefore, same 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. It is further submitted that the accident is of year 2002 and, as such, amount is awarded adequately. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased was of 25-26 years of age and he was engaged in Motor Binding and allied works, therefore, amount assessed to be Rs.15,000/- per annum appears to be on lower side and the monthly income deserves to be assessed @ 2800/- per month and out of the said amount, 1/3rd deserves to be deducted for the expenses of deceased for 3 computing the compensation. That apart, widow deserves to be awarded Rs.15,000/- for loss of consortium and rest of five children who are dependents of deceased, deserve to be awarded Rs.5,000/- each for loss of love and affection, amounting to Rs.25,000/-. Therefore, the total amount can be computed as under: 2800x12x17(multiplier)-1/3rd = 3,80,800 + 15,000 (loss of consortium) + 25,000 (loss of love and affection)= 4,20,800- 2,55,000 (already awarded)= 1,65,800 (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.1,65,800/- by way of additional enhanced compensation from the date of appeal i.e. 28.10.2005, 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.86