1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2473/2008 (Smt.Radha Devi and ors. Vs. Harish Chand and ors.) Date of Judgment : 20.4.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Intizaar Ali,for the appellants. Mr.Digvijay Mantri for Mrs.Archana Mantri, for the respondents. Both the parties agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Hot Chand for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Addl. Distt. Judge (Fast Track No.8), Jaipur city, Jaipur vide judgment dated 14.2.2008 whereby a sum of Rs.2,09,000/- 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 deceased was of 58 years 2 old man and he has been survived by widow and two daughters and the learned Tribunal has failed to award adequate compensation as income of deceased has been assessed to be Rs.3000/- while income of deceased was much more than what has been assessed by the Tribunal as the deceased was running a grocery shop and also engaged in brokerage of grain in Chandpole Mandi and, as such, his income should be treated as Rs.4,000/-. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased was 58 years old man and was engaged in running a grocery shop as well as working as broker in grain in Chandpole Mandi, therefore, his income assessed by the Tribunal is on lower side and as submitted by learned counsel for 3 the appellant, his income deserves to be assessed as Rs.4000/- per month. That apart, additional sum of Rs.10,000/- deserves to be awarded for loss of consortium in addition to Rs.5000/- already awarded on this count. Thus the amount can be calculated as under: 4000x12-1/3rd (for own expenses)=32000x8 (multiplier)=2,56,000+10,000(additional amount for loss of consortium)=2,66,000- 2,09,000(already awarded)= 57,000 (to be additionally awarded). 8. 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.57,000/- by way of additional enhanced compensation from the date of appeal i.e. 21.5.2008, with 6% interest to be paid within three months. 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.73