1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.842/1999 SMT. SAHIDA BANO & Ors V/s RAM LAL GORA & OTHERS. DATE OF JUDGMENT ::::: MAY 07, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for appellants. Shri Ram Singh Bhati, for United India Insurance Company Limited. BY THE COURT : (Oral) 1. This appeal u/s 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the appellants for enhancement of compensation against the award dated February 12, 1999 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur, (for short “the Tribunal) whereby a sum of Rs.2,25,000/- was awarded by the learned Tribunal. 2. On July 17, 1998 around 10.00 A.M., deceased Banti was going on scooter RJ14-18M- 5614 from Chaumu to Jaipur and he was dashed by truck RJ G 9417 and in the accident deceased expired in that accident. 3. Learned counsel for the appellants submits that the learned Tribunal has failed 2 to award the adequate compensation in view of the dependency of the deceased as he left behind his mother aged 56 years old and his father was not alive and he had 5 younger brother between 10 to 17 years at the time of accident. The learned Tribunal assessed the income of the deceased as Rs.2000/- per month and after deducting 1/3 on account of expenses of the deceased, the award has been made. Learned counsel submits that as the deceased was a driver of mini bus and whole of the family was depended on him, his amount of monthly earning, deserves to be raised as he was earning Rs.5000/- per month. 4. Per contra, learned counsel for the United India Insurance Company Limited supported the award of the learned Tribunal on the ground that the Tribunal has considered all the aspects of the matter and after recording evidence of both the sides during enquiry, rightly arrived at the conclusion and calls for no interference. 5. In view of the rival contentions and on perusal of the award as well as the record of the case, it is revealed that at the time of accident the deceased was 24 years old and he had as many as six dependents including his 3 mother aged 56 years old and five brothers and sisters and his father was not alive. In view of the evidence adduced, the monthly income of the deceased deserves to be assessed as Rs.2700/- per month and after deduction 1/3 expenses for himself, the total amount comes as under : Rs.1800/- x 12 x 12 = Rs.2,59,200/- plus Rs.33,000/- (the amount awarded on other head) comes to Rs.2,92,200/-. 6. Accordingly, award is modified and the amount of compensation is enhanced from Rs.2,25,000/- to Rs.2,92,200/- 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. 13.5.1999 7. The appeal stands disposed of with the modification of the award as stated hereinabove. (Guman Singh), J. chauhan/