1 S.B.CIVIL MISC. APPEAL NO.1023/1999 (Madan Lal Rana and anr. Vs. Vijay Singh and ors.) Date of Judgment : 19-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Sanjay Mehla, for the respondents. This appeal has been preferred on behalf of claimant-dependents of deceased Mukesh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 19.12.1998 whereby a sum of Rs.1,34,950/- was awarded by way of compensation for the death o deceased Mukesh 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 and the compensation deserves to be enhanced. It is also submitted that in case of death of a young boy of 18 years, this court has been pleased to award Rs.2,25,000/- as compensation as held in MACD 2008(2) Raj,785 (Kailash and ors. Vs. Oriental Insurance 2 Co.) and as such, minimum compensation of RS.2,25,000/- deserves to be awarded. 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 about 20 years of age and he is survived by his old father, aged 59 years and mother, aged 52 years. Thus from the record, it is clear that deceased is survived by his old parents and he was the sole bread earning member in his family, therefore, minimum compensation of Rs.2,25,000/- deserves to be awarded in this case in view of decision of this court as cited above on the basis of judgment of Hon'ble Apex Court reported in New India Assurance Co. Vs. Satender and ors., 2007(1) WLC (SC) Civil 196. In the aforesaid facts & circumstances of the case, 3 the amount can be computed as under: 2,25,000-1,34,950 (already awarded)= 90,050/- (to be additionally awarded). 6. 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.90,050/- by way of additional enhanced compensation from the date of appeal i.e. 5.4.1999, 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.h-27