1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.578/1999 (Smt.Kamli and ors. Vs. Narain Nai and ors.) Date of Judgment : 05-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.K.N.Tiwari for Mr.B.N.Sandhu, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of claimants-dependents of deceased Sita Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 30.3.1998 whereby a sum of Rs.2,55,000/- was awarded by way of compensation for the death of deceased 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 assessed the income of deceased as Rs.1500/- per month and after deducting 1/3rd as against his own expenses, amount of Rs.1000/- has been taken into account. It is 2 further submitted that the amount assessed by the learned Tribunal is on lower side and by taking second schedule to the M.V.Act to be the guidelines, at least RS.15,000/- per annum income towards family contribution equivalent to that of notional income, should be taken into account. It is also submitted that widow of the deceased has been awarded only Rs.10,000/- for loss of consortium which deserves to be enhanced by additional sum of Rs.5000/-. It is also submitted that the learned Tribunal has not awarded interest. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has computed the compensation by taking Rs.1000/- to be the dependency which 3 appears to be on lower side and by second schedule to the M.V.Act, notional income of deceased can be taken as Rs.15000/- per annum and amount deserves to be computed accordingly. That apart, in addition Rs.5000/- deserves to be awarded for loss of consortium. No interest has been awarded by the learned Tribunal as such, interest @6% deserves to be awarded from the date of claim petition. Thus the amount of compensation can be computed as under: 15000x18(multiplier)=2,70,000-2,16,000 (already awarded)=54,000+5,000(additional sum for loss of consortium)=59,000/- (to be additionally awarded) 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.59,000/- by way of additional enhanced compensation from the date of appeal i.e. 1.7.1998, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The appellant-claimants shall be paid interest on the amount awarded by the Tribunal @6% from the date of claim 4 petition to the date of award. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.7