1 S.B.CIVIL MISC. APPEAL NO.4102/2007 (Smt.Shanti and ors. Vs. Bhola and ors.) Date of Judgment : 18-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rahul Sharma,for the appellants. Dr.M.S.Kachhawa,for the respondents. Both the learned counsel are agreed for final disposal of appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents-appellants of deceased Surendra Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bandikui vide judgment dated 2.5.2007 whereby a sum of Rs.3,73,500/- was awarded by way of compensation for the death of deceased Surendra Kumar caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellants submits that the amount of compensation has been awarded on lower side. It has specifically been pointed out that for loss 2 of love and affection to the surviving mother and younger brother, a sum of Rs.4,000/- only has been awarded which is also on lower side. It is also submitted that the deceased remained in hospital for six days but no amount was awarded. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the compensation has been assessed on the basis of salary drawn by the deceased as a teacher and, as such, there is no infirmity in he assessment of earning of deceased. As regards the loss of love and affection, Rs.5,000/- each to both surviving mother and younger brother deserves to be awarded, and as such, Rs.6,000/- additional compensation deserves be awarded for six days' 3 hospitalization, and a sum of Rs.4,000/- by way of expenses also deserves to be awarded. 7. 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.10,000/- by way of additional enhanced compensation from the date of appeal i.e. 6.8.07, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.50