1 S.B.CIVIL MISC. APPEAL NO. 722/2005 (Smt.Ramwati Vs. Dinesh and ors.) Date of Judgment : 02-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anirudh Singh for Mr.Virendra Agrawal, for the appellants. Mr.Amarnath Pareek, for respondent- Ins.company. Both the parties are agreed for final disposal of this appeal at the admission stage. 2. Heard the learned counsel for the parties. 3. This appeal has been preferred by the mother of deceased Vijay for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal & Addl. Distt. Judge Fast Track No.1, Bharatpur vide judgment dated 1.12.2004 whereby a sum of Rs.1,08,000/- was awarded to the appellants by way of compensation. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has assessed income of deceased as Rs.1500/- per 2 month while the income of the deceased was on higher side as the deceased was having camel cart and used to earn Rs.6000/- per month and hence compensation deserves to be enhanced. 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. 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 of deceased, he was 27 years of age and he was unmarried and earning his livelihood by camel cart and he was survived by his mother, aged 57 years. The learned Tribunal has assessed the income of deceased to be Rs.1500/- per month while income should have been assessed atleast Rs.80/- per day which is equivalent to a skilled labourer for computation of compensation, therefore, compensation deserves to be 3 computed by considering the monthly income of deceased Rs.1600/- after deducting 1/3rd in view of expenses on himself. Thus total amount deserves to be computed by adopting appropriate multiplier of 8 looking to the age of mother of the deceased as under: 1600x12x8(multiplier)=Rs.1,53,600 + 12000 ( already awarded by Tribunal on other heads)= 1,65,600/-. 8. Accordingly, appeal of the appellants is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.1,08,000/- to Rs.1,65,600/- from the date of appeal i.e. 25.2.2005, 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. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.61