[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 1187/1997 SMT. PHEMIDA & ORS. Vs. BALDEV SINGH & ORS. Date: 13.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.C. Jain for the claimants-appellants. **** The present appeal under Section 173 of the Motor Vehicle Act, 1988 is filed by the claimant- appellants for seeking enhancement of the award passed by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur (for short 'the Tribunal') in MACT Case No. 350/1992 dated 15.07.1997, by which the Tribunal has passed the total award of Rs. 1,27,000/- in favour of the claimants-appellants. Brief facts of the case are that on 28.07.1987 at about 11 a.m., deceased Shahban Ali was coming from Ajmer to Jaipur by his new car of Premier Automobiles and the convoy of the news cars was on way to Jaipur for delivery to the dealer. When the deceased was about 2 Kms. from Dudu, a truck bearing No. UHT-23 which was coming from opposite direction on the wrong side, hit the car and due to this accident Shahban Ali died on spot. The main contention for enhancement of the compensation awarded by the Tribunal to the tune of [2] Rs. 1,27,000/- is on the ground that income part of the deceased has not been properly considered by the Tribunal which has been assessed as Rs. 900/- per month, whereas the deceased was paid salary @ Rs. 3,000/- per month. It is further contended that even considering the wages of the deceased-driver, then also it comes more than Rs. 1,000/- per month and only to this head, the learned counsel for the appellant prayed for enhancement of the impugned Award. I have heard learned counsel for the claimants-appellants and carefully gone through the impugned Award dated 15.07.1997 passed by the Tribunal as also the record of the case. Even considering the income of the deceased as Rs. 1,000/- per month, difference of amount is only about 18,000/-. Therefore, amount of Rs. 18,000/- which has not been properly assessed by the Tribunal, is enhanced towards income part of the deceased and thus, the compensation awarded in favour of the appellants to the tune of Rs. 1,27,000/- is enhanced to lump sum Rs. 1,45,000/- and the respondent Insurance Company is directed to make the payment of enhanced compensation amount to the appellants within a period of two months, failing which the Insurance Company shall have to make the payment of the enhanced amount with [3] interest @ 6% p.a. In the result, the present civil misc. appeal stands disposed of and the impugned Award dated 15.07.1997 passed by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur is modified to the extent as indicated herein above. Record be sent back. (K.S. RATHORE)J. /KKC/ (Hearing)