1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.579/2004 (Moti Lal and ors. Vs. Pratap Singh and ors.) Date of Judgment : 17-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Mahesh Gupta, for the appellants. Mr.Digvijay Mantri for Mrs.Archana Mantri, for the respondent/s. Both the parties agreed for final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of the dependents of deceased Lada Devi for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur Distt. Jaipur vide judgment dated 15.1.2004 whereby total sum of Rs.3,00,600/- was awarded by way of compensation for the death caused in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 2 5. Learned counsel for the appellant submits that the learned Tribunal has assessed the income of the deceased to be Rs.2100/- per month while the income should have been assessess as Rs.2500/- as she was working as manual labour. It is also submitted that no amount has been awarded for loss of consortium and that deserves to be awarded. It is further submitted that only Rs.10,000/- has been awarded for loss of love and affection while four children deserve to be awarded Rs.5000/- each and, as such, Rs.10,000/- as additional sum deserves to be awarded for loss of love and affection. 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 calls for no interference. 7. After hearing the rival contentions, and on going through the award,as also, the record of the case, it is revealed that the deceased was 35 years of age and she was 3 survived by her husband and four minor children. Her income has been assessed by Tribunal as Rs.2100/- which deserves to be raised to Rs.2500/- in view of her earning and support to the family from manual labour apart from what she contributed to the family in bringing up her children and looking after the house hold. That apart, additional sum of Rs.10,000/- deserves to be awarded for loss of love and affection as submitted by learned counsel for the appellant. Likewise, Rs.10,000/- deserves to be awarded for loss of consortium. Thus the amount can be computed as under: 2500x12x17(multiplier)-1/3rd= 3,40,000-, 2,85,000(already awarded)= 54,000/-+10,000 (for loss of consortium)+10,000(additional amount for loss of love and affection)= 74,000/- (to be additionally awarded) 8. Accordingly, while maintaining other terms of the award, the total amount is ordered to be enhanced by additional amount of compensation to the tune of Rs.74,000/- from the date of appeal i.e. 24.3.2004, with 6% interest to be paid within three months. 4 Thereafter interest @9% p.a. shall be payable. The record of the case be sent back to the learned Tribunal. (GUMAN SINGH),J. Srawat/- item no.38