1 S.B. CIVIL MISC. APPEAL NO.1526/2006 (Smt.Kanku Bai Vs. New India Assurance Company Ltd. & ors.) Date of Order :: 5th April 2007 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Sandeep Saruparia for the appellant Mr.Sanjeev Johari for the respondent No.1. This appeal against the award dated 24.07.2004 made by the Motor Accidents Claims Tribunal, Udaipur in Claim Case No.1018/2001 has been preferred by the claimant seeking enhancement over the amount of Rs.1,27,000/- together with interest @ 6% per annum awarded by the Tribunal as compensation on account of death of her son Dinesh, about 18 years of age. This appeal was barred by limitation by 14 days; and, after notice, such delay in filing the appeal was condoned on 04.10.2006 and record was requisitioned. Thereafter, learned counsel for the parties prayed for some time to complete their instructions and the matter was adjourned on 09.03.2007 and then on 29.03.2007. Learned counsel for the appellant has made a proposal that the claimant-appellant shall be satisfied if some reasonable enhancement over the amount of Rs.1,27,000/- 2 together with interest at the rate of 6% per annum is allowed particularly when the claimant had lost her son, about 18 years of age who was working as Khalasi on a truck. Learned counsel for the insurer on instructions has responded to the proposition with the submissions that the respondent-insurer shall be agreeable for enhancement of the amount of compensation in the sum of Rs.1,75,000/- together with interest thereupon at the rate of 6% per annum from the date of filing of claim application. Learned counsel for the appellant has agreed. In accord with the consensus arrived at between them, learned counsel for the parties have placed on record the agreement for re-stating the award and allowing compensation to the claimant in the sum of Rs.1,75,000/- together with interest thereupon @ 6% per annum from the date of filing of the claim application; and it has been prayed that on the basis of settlement arrived at, the appeal may be disposed of. Having examined the record of the case where the appellant, then about 38 years of age, lost her grown-up son in the vehicular accident; and the Tribunal has taken only an amount of Rs.7,500/- towards annual loss of dependency and has awarded total compensation in the sum of Rs.1,27,000/-, this Court is of opinion that the amount 3 allowed by the Tribunal remains lower than a reasonable compensation; but the proposition as stated by the parties in consensus appears to be just and proper and the said sum of Rs.1,75,000/- appears to be that of just compensation admissible in this case. The insurer concerned has indeed been discreet in its approach in settling out the matter in appeal at its threshold; and such settlement proposal deserves approval. Accordingly, this appeal is partly allowed and the award of compensation as made by the Tribunal is modified and instead, the claimant is allowed compensation in the sum of Rs.1,75,000/- together with interest @ 6% per annum from the date of filing of the claim application. After adjusting the amount already paid, it shall be required of the insurer to deposit the remaining amount with the Tribunal within 30 days from today and the amount now to be deposited by the insurer shall be placed in a Monthly Income Scheme of Post Office in the name of the appellant for a minimum period of 5 years. There shall be no order as to costs of this appeal. (DINESH MAHESHWARI), J. //Mohan//