1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.69/98 SMT. JARAW ALIAS URMILA AND OTHERS VS. POORAN SINGH AND OTHERS DATE OF ORDER :- AUGUST 26, 2008, HON'BLE MR. JUSTICE GUMAN SINGH Mr.Prasant Joshi, for the appellants, Mr.R.S.Rathore, for the respondents , (ORAL) This appeal has been preferred by the dependents of deceased Malhar Singh for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jaipur City, Jaipur , vide Award dated 4,11.1997, in claim case no. 375/94, whereby a sum of Rs. 2,59,900/- was awarded by way of compensation . The only challenge in the appeal pertains to the quantum of compensation . Learned counsel for the appellants submitted that the deceased Malhar Singh was 51 years of age and he was employed as driver in R.S.R.T.C. when accident took 2 place and he was dashed by the offending vehicle when he was on foot and the deceased left behind him his widow and three sons, one being minor. Learned counsel submits that the Tribunal has failed to award adequate compensation in view of the fact that a sum of Rs. 500 to 700 earned by the deceased by way of over time has not been included in the monthly salary of the deceased while computing the compensation. Learned counsel also submits that adequate compensation by way of loss of consortium as against the expenses of funeral have also not been awarded. Per contra , learned counsel for the Insurance Company supported the judgment of the Tribunal on the ground that the learned Tribunal has awarded adequate compensation in view of evidence adduced during inquiry and the same calls for no interference. In view of the above submissions and on perusal of the Award as well as the record of the case , it is revealed that the learned Tribunal considered the income of Rs. 2400/- p.m. as against the salary of Rs. 2212/- and after deduction 3 of 1/3rd amount, the compensation has been computed by adopting appropriate multiplier . The amount earned by overtime has not been taken to be regular earning . It is only when the over time work is done and as such loss of future earning can not be computed on the basis of over time amount received by the deceased and the learned Tribunal has not been found to have been faulting in not awarding the compensation on this count. So far as the loss of consortium is concerned, the Tribunal has awarded a sum of Rs. 10,000/- while it should have been Rs. 15,000/-. As against the funeral expenses the learned Tribunal awarded a sum of Rs. 2000/- which deserves to be raised by Rs. 5,000/- and thus the amount of compensation awarded deserves to be enhanced by Rs. 8,000/-. Accordingly, the amount of compensation deserves to be computed as under:- ” 2,59,900 + 8000 =2,67,900/-.” Accordingly , the award is modified and the amount of compensation is enhanced from Rs.2,59,900 to 2,67,900/- with 6% interest p.a. from the date of appeal i.e. 4 12.11.98 , with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% . The appeal stands disposed of. (Guman Singh)J.