1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 2360/06 SMT. RAJO AND OTHERS VS. HARENDRA NATH SHARMA AND OTHERS DATE OF JUDGMENT :- APRIL 22, 2009 P R E S E N T HON'BLE MR. JUSTICE GUMAN SINGH Mr. Virendra Agrawal, for the appellants, Mr. V.P. Mathur, for the respondents, BY THE COURT(ORAL) Heard. This appeal has been preferred on behalf of dependants of deceased Rakesh for enhancement of compensation awarded by learned Motor Accident Claims Tribunal (Special Court, Dacoity Affected Area), Bharatpur, in M.A.C. No. 119/05 vide judgment dated 10.5.2006 , whereby a sum of Rs. 3,14,200/- , was awarded by way of 2 compensation for the death of Rakesh caused in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellants submits that the Tribunal has failed to award adequate compensation as it has assessed the monthly earning of the deceased to be Rs. 2400/- p.m. , which is on lower side and deserves to be enhanced. It was also argued that adequate amount for loss of love and affection and consortium has also not been awarded. 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 it calls for no interference . After hearing the rival contentions and going through the award as also record of the case, it is revealed that the age of the deceased is stated to be 21 years 3 but in the Post Mortem Report, it is found to be 18 years and the Tribunal has assessed the age to be 18 years and in view of this position, the per month earning assessed by the Tribunal appears to be reasonable and calls for no interference. However, the Tribunal has failed to award adequate compensation for loss of love and affection and consortium. Therefore, a sum of Rs. 15,000/- deserves to be awarded for consortium and 10,000/- for loss of love and affection , totally amounting to Rs. 25,000/- minus 5,000/- already awarded and thus a sum of Rs. 20,000/- deserves to be additionally enhanced. 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.20,000/- by way of additional enhanced compensation from the date of appeal i.e. 3.7.2006 , with 6% interest to be paid within three months. Thereafter, 4 interest shall be paid @ 9% per annum. The rest of the terms of the award shall remain unchanged . (Guman Singh)J.