1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1008/2008 (Smt.Geeta Gupta and ors. Vs. Oriental Insurance Co. Ltd.) Date of Judgment : 31-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.D.K.Garg ,for the appellants. Mr.Babulal for Mr.M.KlGoyal, for the respondents. With the consent of both the parties, this matter is being finally diposed of at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellants-dependents of deceased Sonu for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal,Dholpur vide judgment dated 29.8.07 whereby a sum of Rs.2,45,000/- was awarded for the death of deceased caused in the accident. 4. The only challenge in this appeal pertains to the quantum of compensation. 2 5. The learned counsel for the appellants submits that the deceased Sonu was 20 years young boy nd was running a grossary shop and earning not less than Rs.3000/- and has left widowed mother and two minor brothers behind him while the learned Tribunal has assessed the income of deceased as Rs.2000/- which is on lower side and that 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 call for no interference. 7. On hearing rival contentions, and going through the award as also record of the case,it is revealed that accident pertains to the year 2001 and the deceased Sonu, aged 20 years was only earning member in the family and he has left behind his widow mother and two minor brothers. The deceased was running a grossary shop and, as such, as submitted by learned counsel for the 3 appellant, his income can be assessed as Rs.3000/- per month instead of RS.2000/- assessed by the learned Tribunal and the compensation can be computed as under: Rs.3000 x 12= Rs.36,000(Minus)-1/3rd= Rs.24,000x15(multiplier)= Rs.3,60,000- (minus)Rs.2,40,000/-(already awarded) =Rs.1,20,000/-(to be additionally awarded) 8. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.1,20,000/- by way of additional enhanced compensation from the date of appeal i.e. 26.11.2007, 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.67