IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.903/1999 SMT. DHAPA DEVI & OTHERS VS HEM PAL ALIAS HARI PAL & OTHERS DATE OF JUDGMENT :- FEBRUARY 19,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Sandeep Mathur, for the appellant, Mr. Sunil Awasthi , for the respondents, BY THE COURT(ORAL) This appeal has been preferred by the dependents of deceased Chhotu Ram , for enhancement of compensation , against the Award, passed by learned Motor Accident Claims Tribunal, Jaipur City, Jaipur , vide Award dated 10/11.2.99, whereby a sum of Rs. 1,65,000- was awarded by way of compensation for the death of deceased caused in the accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel for the appellants has submitted that the Tribunal has assessed the income of the deceased on lower side while the deceased was a labourer on brick kiln and used to earn Rs. 5,000/- p.m. It is further submitted that the wife of the deceased has been awarded only Rs. 5,000/- for loss of consortium and that deserves to be enhanced to 15,000/-. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced during enquiry and the same calls for no interference. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the computation of compensation has been made by assessing the income of the deceased at the rate of Rs. 22,500/- and after deducting 1/3rd against his own expenses, the amount deserves to be assessed Rs.15,000/- p.a. That apart a sum of Rs. 10,000/- additionally deserves to be awarded for loss of consortium as only Rs. 5,000/- has been awarded under this head by the Tribunal. The compensation can be computed as under :- “15000 x 11(multiplier) =1,65,000 minus 1,32,000( already awarded) = 33,000 plus 10,000 additional amount for loss of consortium = 43,000/- to be additionally awarded. Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of 43,000/- from the date of appeal i.e. 15.5.1999 , with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable. The rest of the terms of the Award shall remain unchanged. The appeal stands disposed of. Record be sent back forthwith. (Guman Singh)J.