1 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.222/06 SHYAM LAL VS. MANGI LAL OTHERS DATE OF ORDER :- FEBRUARY 6,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Praveen Jain, for the appellant, Mr. M.K.Goyal , for the respondents, BY THE COURT (ORAL) With the consent of learned counsel for both the parties , the appeal is being disposed of finally at admission stage. Heard. This appeal has been preferred on behalf of dependents of deceased Ramesh Chand Gurjar, for enhancement of claim awarded by Motor Accident Claims Tribunal, No. 2 Tonk, vide Award dated 2.8.2005 , in claim case no. 26/05 whereby a sum of Rs. 4,53,000/- was awarded by way of compensation on account of the death of Ramesh Chand Gurjar, caused in the 2 accident. The only challenge in the appeal pertains to quantum of compensation. Learned counsel submits that the amount of monthly earning of the deceased has been assessed to be Rs. 3,000/- which is on lower side as the deceased Ramesh Chand Gurjar was also running a fair price shop. The learned counsel further submitted that looking to the dependency of the deceased, who has left five minor children, widow and old parents, the deduction of 1/3rd of amount on account of his own expenses, should be reduced so as to adequately compensate the appellants dependents. The learned counsel further submitted that by way of consortium , a sum of Rs. 5,000/- has been awarded , for which a traditional sum of Rs. 15,000/- deserves to be awarded. Per contra, learned counsel for the Insurance Company supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on 3 the basis of evidence adduced during the enquiry and the same calls for no interference. The learned counsel also submitted that the Tribunal has rightly held that at the time of death the deceased was not found running fair price shop as no renewal of license for that period was submitted. In view of the rival submissions advanced and on going through the Award and the record of the case, it is revealed that at the time of death, deceased Ramesh Chand Gurjar was 32 years old. On the basis of evidence, the learned Tribunal has found him to be engaged with a private contractor and was earning about Rs. 2000/- and looking to the future prospect , his income was assessed to be Rs. 3000/- p.m. In view of the totality of the facts and circumstances of the case, the monthly earning of Rs. 3,000/- assessed by the learned Tribunal appears to be reasonable and calls for no interference. However, as the deceased has left eight dependents, 4 out of them five are minor children, the amount of dependency deserves to be on higher side and for that purpose the 1/3rd amount deducted on account of expenses of the deceased deserves to be reduced to 1/5th so as to increase the dependency. Accordingly the amount deserves to be computed as under:- “ 3000 – 1/5th = 2400 x 12 x 17 = 4,89,600 minus 4,08,000 (already awarded)=81,600 + additional 10,000/- by way of loss of consortium = 91,600/- to be additionally awarded. “ Accordingly , the award passed by the learned Tribunal is modified to the extent that the appellant shall be entitled to enhanced additional sum of Rs. 91,600/- with 6% interest p.a. from the date of appeal i.e. 20.12.05 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . The appeal stands disposed of. (Guman Singh)J. 5 ij