1 S.B.CIVIL MISC. APPEAL NO.2874/2008 (Smt.Dhapur Kanwar and ors. Vs. United India Ins. Col and ors.) Date of Judgment : 16-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Brijesh Sharma, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of dependents of deceased Raj Kumar @ Kishore Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Special Court (Communial Riots), Jaipur vide judgment dated 17.3.2008 whereby a sum of Rs.4,14,000/- was awarded by way of compensation for the death of deceased in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award compensation for 17 months period for which deceased remained in Comma 2 after accident till death and that deserves to be awarded. 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 going through the award as also record of the case, it is revealed that the deceased sustained injuries and remained in Comma for 17 months for which no amount has been awarded. The earning of the deceased is found to be Rs.3000/- by the learned Tribunal, therefore, amount can be calculated as under: 3000x17=51,000/- (to be additionally awarded). 8. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent 3 that the appellants shall get a sum of Rs.51,000/- by way of additional enhanced compensation from the date of appeal i.e. 30.6.2008, 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.92