1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR, BENCH AT JAIPUR JUDGMENT SB Civil Misc. Appeal No.1408/2006 Hansraj Agarwal v/s Kalu Ram & Ors. Date of Judgment ::: 27th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri Ritesh Jain on behalf of Shri Dhiraj Tripathi, for the appellant. By the Court: Heard learned counsel for the appellant. The appellant has preferred this appeal for enhancement of the amount of compensation in respect of death of his minor son Rahool, a student of Class 8th and aged about 14 years who died in motor accident took place on 31.10.2001 and being aggrieved with the impugned award dated 29.11.2005 passed by the Addl. District & Sessions Judge (Fast Track) No.2 and Motor Accident Claims Tribunal, Jaipur District, Jaipur, in Motor Accident Claim Case No.133/05, whereby the Tribunal has awarded a total compensation of Rs.2,40,000/- in his favour with interest @ 6% p.a. from the date of claim application i.e. 18.4.2002 till the date of realisaton. 2 The submission of the learned counsel for the appellant is that the amount of compensation awarded in the present case, does not appear to be adequate and the same is liable to be enhanced. Therefore, the impugned award be modified and the amount of compensation may be enhanced. I have considered the submissions of the learned counsel for the appellant and examined the impugned award, particularly; the finding of the learned Tribunal in respect of quantum of compensation. The learned counsel for the appellant does not dispute that deceased Rahool was 14 years of age at the time of accident and he was a non-earning member. The learned Tribunal has relied upon two judgments of Hon'ble Supreme Court and by this Court reported in 2005(1) TAC 609) and 2005(5) RDD 1340) (Raj.) and on the basis of principles laid down in the said judgments, calculated the amount of compensation as per Second Schedule by determining the notional annual income of the deceased as Rs.15,000/- and by applying multiplier of 15 and consequently awarded a sum of Rs.2,25,000/- towards loss of income. The Tribunal has not even deducted 1/3rd amount out of this amount towards personal expenses of the deceased. The Tribunal has further awarded a sum of Rs.10,000/- for derivation of love and affection, Rs.2000/- for funeral expenses and Rs.3000/- for transportation charges. Thus, the 3 Tribunal has awarded a total compensation of Rs.2,40,000/- with interest. The learned counsel for the appellant is unable to point out any evidence or the ground that under which head the amount of compensation is inadequate. After considering all the facts and circumstances of the case, I find that the amount of compensation of Rs.2,40,000/- with interest awarded in the case of un-married and non-earning boy of 14 years cannot be said to be inadequate and it appears to be just and reasonable. In view of the above discussions, I do not find any merit in this appeal and the same is accordingly dismissed in limine. (N.K. Jain),J. Chauhan/