1 S.B.CIVIL MISC. APPEAL NO. 1119/1998 (Ram Prakash Vs. Virendra Singh and ors.) Date of Judgment : 05-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari for the appellants. Mr.V.S.Yadav, for the respondents. This appeal has been preferred by the dependents of deceased Smt.Suman for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 8.9.1998 whereby a sum of Rs.2,02,200/- was awarded to the appellants by way of compensation for the death of deceased Smt.Suman in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has not awarded adequate compensation as the learned Tribunal has assessed the income of deceased as Rs.800/- per month which is on lower side while the deceased was a house wife and she used to sell vegetables and used to earn Rs.100/- per day. It is also submitted that adequate amount of compensation under the 2 head of loss of consortium has also not been awarded in the matter. 6. 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. He has further relied upon the judgment of Division Bench of this court in Shanker lal and ors. Vs. Rajasthan State Road Transport Corporation and ors. (2003 ACJ 1514) and argued that contribution of lady who is house wife has been assessed to RS.1,000/- per month. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased was 35 years of age and she was house wife and she was also stated to be earning by selling vegetables. But no evidence has been produced, as such, the earning by the house wife deserves to be assessed on the basis of Second schedule which provides Rs.15,000/- per annum as the 3 income fo non-earning person without any deduction in view of the ratio indicated by Hon'ble Apex Court in Manju Devi & ors. Vs. Musafir Paswan and anr. (2005 TAC 609(SC). That apart, the widow deserves to be provided additional amount of Rs.5,000/- by way of loss of consortium so as to make it Rs.15,000 and amount of compensation may be computed as under: 15000x17=2,55000-163200(already awarded by Tribunal)=91,800+5000(additional amount for loss of corsortium)=96,800/-. 8. Accordingly, appeal of the appellant is partly allowed and the additional amount of compensation to the tune of RS.96,800 is awarded to the appellants from the date of appeal i.e. 17.11.98, 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.H-40