1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.4245/2006 (arising out of Claim No.634/2002) SMT. CHAMPA DEVI L & Ors. V/s DHARM CHAND & Ors. DATE OF JUDGMENT ::::: MAY 28, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Jitendra Mitruka, for appellants. Shri Virendra Agarwal, for respondent No.4. Shri Subhash Jain for respondent No.2. Shri Pyare Lal for respondent No.3. BY THE COURT : (oral) 1. This appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred by dependents of deceased Bhairu Singh, the appellants/claimants herein, for enhancement of compensation against the order dated July 29, 2006 passed by the learned Motor Accident Claims Tribunal (Addl. District Judge) Beawar (for short 'the “the Tribunal) whereby a sum of Rs.2,91,200/- was awarded by way of compensation. 2. According to the facts of the case, the deceased met with an accident while he was standing between two offending vehicles 2 and by holding rod, suddenly truck RJ 20G 3668 was pushed on starting resulting into breaking of the rod and causing injuries to the deceased who succumbed to the injuries. Learned counsel for the appellants submitted that the Tribunal has awarded compensation on lower side by assessing income of the deceased to Rs.60/- per day while the deceased was 'Khalasi' on truck and his income should have baleen assessed at least that of a skilled labourer for computing the compensation. 4. Per contra, learned counsel for the Insurance Company argued that the adequate compensation was awarded by the Tribunal on the basis of the evidence led by two sides during enquiry and calls for no interference. 5. In view of the submissions of the learned counsel and going through the award as well as the record of the case, it is revealed that the deceased was working as 'Khalasi' at the truck and for the purpose of awarding compensation, he can be equated to skilled labourer and thus on assessing his daily wages of Rs.80/- per day, the compensation deserves to be assessed as under : Rs.1600 x 12 x 18 = Rs.3,45,600/- plus Rs.32,000/- ( on 3 other head) plus Rs.5,000/- by way of consortium. Thus the amount comes to Rs.3,82,600/-. 6. Accordingly the award is modified to the extent that the amount of compensation of Rs.2,91,200/- is substituted by Rs.3,82,600/- from the date of appeal i.e. 13.10.2006. The amount so increased shall entail interest @ 6% p.a. from the date of the order to be paid within three months failing which interest @ 9% p.a. shall be payable. The other terms and conditions shall not be disturbed. 7. The appeal is disposed of accordingly with the modification indicated hereienabove. (Guman Singh), J. chauhan/