1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. JUDGMENT S.B. CIVIL MISC. APPEAL NO.617/98 KANHAYA LAL AND OTHERS VS. RAM KISHAN AND OTHERS DATE OF JUDGMENT;- APRIL 11, 2008, P R E S E N T HON'BLE MR. JUSTICE GUMAN SINGH Mr. H.P. Singh for the appellants Mr. K.N.Tiwari on behalf of Mr. Virendra Lodha ,for the respondents BY THE COURT (ORAL) Heard. This appeal has been preferred by the dependants of deceased Radha Kishan for enhancement of claim against the award dated 30.3.98, passed by Motor Accident Claims Tribunal,(for short 'the Tribunal') Alwar, in Claim Case No. 296/88, whereby compensation of Rs.1,57,000- was awarded to the claimants- appellants. On 20.6.88 at about 10 p.m. the deceased Radha Kishan was going in his camel cart near Modi Champion Factory , he 2 was dashed by offending Jeep No. RRA 6177 and sustained injuries , as a result of which he died on the spot. Learned counsel has argued that the learned Tribunal has erred in awarding the compensation to the dependants on lower side by not deducting the monthly income of the appellant earned out of his occupation with camel cart, wherein he used to earn Rs. 70/- daily apart from, Rs.5,000/- p.a. from agricultural income . Learned counsel also submitted that the deceased Radha Kishan was 35 years of age and as such the compensation should have been computed by using multiplier of 16 as per the II Schedule of the Motor Vehicles Act. Per contra, learned counsel for the respondents , supported the judgment of the learned Tribunal on the ground that the learned Tribunal has considered the evidence adduced by the parties during the inquiry and awarded the adequate compensation as per the facts of the case. In view of the arguments advanced on behalf of learned counsel and on perusal of the record of the case , it is revealed 3 that deceased Radha Kishan was a young man of 35 years of age and was engaged in work with the help of camel cart and used to earn Rs. 70/- daily apart from his agricultural income. The deceased Radha Kishan is survived by his parents, a widow and four minor sons and as such out of his daily earning of Rs. 70/- , a sum of Rs. 20/- may be deducted on account of his own expenses. Accordingly on computing the amount of compensation, the amount of dependency can be assessed to Rs. 50 x 30 x 12 x 16 = 2,88,000/-. A sum of Rs. 5,000/- has already been awarded on account of loss of consortium to the wife of deceased but looking to the age of the deceased, I deem it proper to enhance the amount of consortium to Rs. 15,000/- = Rs. 8,000/- already awarded by the Tribunal on account of loss of love and affection of the deceased. Accordingly, the amount of compensation deserves to be raised from Rs. 1,57,000/- to Rs. 3,11,000/- with interest at the rate of 6% from the date of appeal i.e. 2.5.98 and the same shall be payable within three months from the date of this order and failure to do so, 4 the amount shall entail interest at the rate of 9% p.a. from the date of appeal. The appeal is disposed of accordingly. (Guman Singh)J. 5