1 S.B.CIVIL MISC. APPEAL NO.1130/1999 (Smt.Prem Devi and ors. Vs. Mithlesh Kumar) Date of Judgment : 19-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Satyendra Sharma, for the respondent- Ins.Company. Mr.N.S.Chauhan for Mr.R.D.Rastogi for RSRTC. This appeal has been preferred on behalf of appellant-dependents of deceased Madanlal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dausa vide judgment dated 2.4.1999 whereby a sum of Rs.7,29,000/- was awarded by way of compensation for the death of deceased Madanlal in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation for future prospects of deceased who was J.En. In PWD and was earning Rs.5205/- per month. It is also submitted that after the death of deceased, two pay Commissions have come into existence enhancing pay-scale of the 2 Government servants. He has relied upon AIR 2004 SC 3884 (New India Ass. Co. Vs. Smt.Kiran Singh), 1994 ACJ 1(SC) (G.M.K.S.R.T.C. Vs. Susamma Thomas) and 2004 WLC (Raj.) UC 789 (Smt.Kalli Vs. Indra Raj) and 2004 WLC (Raj. UC 791 (Smt.Chandra Kanta Vs. Asfak Ahmed). It is also submitted that the learned Tribunal has awarded consolidated sum of Rs.15,000/- for the loss of consortium and for love and affection while separate amount for each count should have been awarded. 4. 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 in this case amount is not required to be awarded for future prospects as the amount awarded is adequate enough to fetch interest equivalent to what the deceased was getting as salary at the time of his death while keeping the capital amount intact. 3 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased was serving as J.En. And drawing salary of Rs.5205/- per month. Hon'ble Apex court has delineated the principle for awarding compensation for future prospect and allied matters in Oriental Insurance Co. Ltd. Vs. Jashu Bahi and ors. (2008(4) SCC,162) wherein it was observed that the learned Tribunal and the High Court have committed illegality in taking into account the revision of pay as it was not the case that the revision of pay had taken place on the date when the accident had taken place. While dealing with the other factors which are to be taken into consideration for awarding compensation for future prospects, it has been laid down that the court has to take into consideration the various factors including the fact whether the compensation awarded is sufficient enough to fetch the interest equivalent to what amount was available to the deceased at the time of death and also the fact that the capital amount is also consumed. In the instant case, there has been no material on 4 record to show that the revision of pay- scale had taken place while the deceased met with the accident resulting in death. It is also revealed that the amount awarded is found to be enough to fetch the interest equivalent to what the deceased was getting at the time of his death without there being a consumption of capital amount. Therefore, there is no basis to award the compensation as against the future prospects of the deceased. However, consolidated amount of RS.15,000/- for the loss of consortium and loss of love and affection deserves to be enhanced by taking Rs.15,000/- to be the amount as against the loss of consortium only and by additionally awarding Rs.20,000/- for loss of love and affection to other four family members. 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant-claimants shall get a sum of Rs.20,000/- by way of additional enhanced compensation for love and affection from the date of appeal i.e. 27.7.99, with 6% interest to be paid within three months. 5 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.h-29