1 S.B.CIVIL MISC. APPEAL NO. 221/2004 (Vimla Devi Vs. Ramdhan and ors.) Date of Judgment : 10-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari for the appellants. Mr.Tripurari Sharma, for the respondents. This appeal has been preferred by the dependents of deceased Ram Chandra for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Shahpura, Distt. Jaipur vide judgment dated 11.9.2003 whereby a sum of Rs.3,12,600/- was awarded to the appellants by way of compensation for the death of deceased Ram Chandra in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation on account of loss of earning of the deceased and same deserves to be enhanced as the deceased was owner of the truck and was earing Rs.10,000/-p.m. 2 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased was died at the age of 23 years and he was survived by his wife and two minor sons apart from old mother and father. As per evidence on record, it is revealed that deceased was owner of the truck and as per registration certificate ever since 1998 and that he was working as clearner on the vehicle of AW-3 Maliram. The learned Tribunal has assessed his earning Rs.2100/- per month but his income deserves to be assessed @2600/- per month equivalent to that of a skilled labour. That apart, the amount of loss of consortium deserves to be enhanced from Rs.5,000/- to Rs.15,000/-. Thus the amount of compensation can be computed as under: 3 2600-1/3rd (for own expenses)x12x17 (multiplier)=3,53,600-2,85,600 (already awarded for loss of earning) = 68000+10,000 (additional amount by way of consortium)= 78,000/-. 8. Accordingly, appeal of the appellant is partly allowed and the additional amount of compensation to the tune of RS.78,000/- is awarded to the appellants from the date of appeal i.e. 28.10.2003, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. (GUMAN SINGH),J. Srawat/- item no.74