1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1330/2000 (Smt.Sanju Agarwal Vs. Ramgopal and ors.) Date of Judgment : 27-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Shobhit Tiwari,for the appellants. Mr.Anirudh Singh for Mr.Virendra Agrawal,for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of the appellant-dependent of deceased for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal-cum- Raj. State Cooperative Tribunal, Jaipur vide judgment dated 1.2.2000 whereby a sum of Rs.9,28,000/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation by 2 taking second schecule to the M.V.Act to be the guideline and the learned Tribunal has only taken into consideration the earning of deceased as Manager to the Inter State Transport Company while the deceased was also running a shop and used to earn sum of Rs.3000/- and that has not been taken into consideration by the Tribunal. It is also submitted that future prospects of the deceased have not been adequately taken care of by the Tribunal and the Tribunal has awarded sum of Rs.2000/- only. It is also submitted that only sum of Rs.10,000/- has been awarded for loss of love and affection, consortium and funeral expenses and that deserves to be enhanced. 5. 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. It is further submitted that the fact that deceased was engaged as shop keeper apart from his regular job, has not been supported by any evidence. It is 3 submitted that income of the deceased cannot be increased as future prospects as the deceased was not having stable job with regular increments and as such, amount for future prospects awarded is adequate and same does not deserve to be enhanced. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that the deceased was 32 years of age and left behind his widow and two minor sons and his income has been assessed as Rs.4000/- on the basis of salary certificate and after adding Rs.2000/- by way of future prospects, total income has been assessed to be Rs.6000/- per month. In view of evidence on record and the reasons assigned by the T ribunal, computation of income appears to be adequate and calls for no interference. The income pertaining to shop is also not supported by documentary or other evidence and the deceased was not having the full time job, as such, additional occupation is not proved. However, the learned Tribunal has awarded RS.10,000/- by way of consolidated sum for loss of love & affection, consortium and 4 funeral expenses and that deserves to be enhanced by a sum of Rs. 10,000/- for consortium, Rs.10,000/- for love and affection and Rs.2000/- for funeral expenses over and above as to what has already been awarded under these heads. 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.22,000/- by way of additional enhanced compensation from the date of appeal i.e. 30.3.2000, 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.8