1 S.B. Civil Misc. Appeal No.572/2007 Badam Bai & Anr. vs. Janrel Singh & Ors. S.B. Civil Misc. Appeal No.572/2007 Badam Bai & Anr. vs. Janrel Singh & Ors. Date : 12.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Manish Pitaliya, for the appellants. Mr.NS Charan, for the respondents. - - - - - Heard learned counsel for the parties. The appeal has been preferred by the mother of the victim deceased Nand Ram who died in the accident occurred on 9.2.2004 by the accident caused by the involvement of truck no. PB 06 D 9798 and tractor trolla no.RJH 7101 because of the reason that the Motor Accident Claims Tribunal, Chittorgarh though allowed the claim petition filed by the applicants/claimants including the appellant no.1 and respondent no.5 – wife of deceased but awarded compensation of Rs.50,000/- to the appellant no.1 – mother of deceased and awarded compensation of Rs.3,40,000/- to the respondent no.5 – wife of deceased. The tribunal 2 S.B. Civil Misc. Appeal No.572/2007 Badam Bai & Anr. vs. Janrel Singh & Ors. also awarded entire interest to the respondent no.5. The contention of learned counsel for the appellant that the compensation awarded to the appellant no.1 is too low. It will be worthwhile to mention here that the appellant no.2 is alleged adopted son of the deceased but his claim was rejected by the Tribunal. Learned counsel for the respondent no.5 submitted that the respondent no.5 is young widow and, therefore, the Tribunal has awarded just and reasonable compensation to the widow of the victim. I considered the submissions of learned counsel for the parties and perused the facts of the case. It is not in dispute that all the claimants including the respondent no.5 submitted joint claim petition and prayed for award of compensation to them to the tune of Rs.19,80,000/-. The Tribunal allowed the claim petition holding that it was rash and negligent 3 S.B. Civil Misc. Appeal No.572/2007 Badam Bai & Anr. vs. Janrel Singh & Ors. driving and because of that, the accident was caused and victim died. So far as award of Rs.50,000/- to the appellant no.1 as lumpsum amount, cannot be justified looking to the age of the mother of the deceased who was of the age of 60 years. There cannot be any measurement or formula for assessing the compensation for loss of love and affection but at the same time, looking to the facts of the case, the award of compensation less than Rs.1 lakh cannot be justified. The claimant mother also cannot be denied the benefit of interest over the said amount. In view of the above, this appeal is partly allowed and it is held that the mother of the deceased, appellant no.1, shall be entitled to Rs.1 lakh out of Rs.3,90,000/- along with interest from the date of filing of claim petition at the rate which has been awarded by the Tribunal and rest of the amount will be payable to the respondent no.5. (PRAKASH TATIA), J. 4 S.B. Civil Misc. Appeal No.572/2007 Badam Bai & Anr. vs. Janrel Singh & Ors. S.Phophaliya