Guman Singh, J. - (1.) WITH the consent of learned counsel for both the parties, this appeal is being disposed of finally at the admission stage.
(2.) HEARD. This appeal has been preferred in Claim Petition No. 194 of 2006 (No. 88 of 2006) by the appellants dependants of deceased Babu Lal alias Shoetaj Yadav, for enhancement of compensation awarded by the Motor Accidents Claims Tribunal and A.D.J. (Fast Track), Behror, District Alwar, vide order dated 1.5.2007, whereby a sum of Rs. 3,14,840 was awarded by way of compensation. The only challenge in the appeal pertains to quantum of compensation. The learned counsel submits that the Tribunal has failed to award adequate compensation for loss of dependency. While for loss of consortium and loss of love and affection a lump sum of Rs. 15,000 has been awarded. The learned counsel further submitted that the Tribunal has assessed the income of the deceased to be Rs. 73 per day treating the deceased's income equivalent to minimum wages for unskilled labourer and that deserves to be enhanced in view of the fact that the deceased was an agriculturist and was also earning by selling milk and vegetables and had to support a family of four persons including the two minor children and widow apart from mother. Per contra, learned counsel for the insurance company supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. Learned counsel further submitted that there is no evidence by the deceased on record and as such the income assessed by the Tribunal calls for no interference.
(3.) HAVING considered the arguments and going through the award as well as the record of the case, it is revealed that the deceased was 32 years young man and was a sole bread-earner of the family of four members including his widow, two minor children and old mother. He is stated to be earning his livelihood by way of agriculture apart from selling midland vegetables and thus his monthly earnings cannot be equated to that of an unskilled labourer and as such instead of Rs. 73 per day, his income deserves to be assessed at the rate of Rs. 100 per day. That apart the widow deserves to be awarded a sum of Rs. 15,000 by way of loss of consortium and the three remaining appellants deserve to be awarded a sum of Rs. 15,000 by way of loss of love as against the total sum of Rs. 15,000 already awarded on these counts and thereby enhancing the amount by Rs. 15,000 on these counts. The amount awarded can be computed as under: "Rs. 3,000 minus 1/3rd (own expenses of the deceased) = Rs. 2,000 x 12 x 17 (multiplier) = Rs. 4,08,000 minus Rs. 2,97,840 = Rs. 1,10,160 plus Rs. 15,000 = Rs. 1,25,160 (to be additionally awarded). Accordingly, the appeal is partly allowed. The award is modified to the extent that appellants shall be entitled to an additional sum of Rs. 1,25,160 with 6 per cent interest to be paid within three months from the date of appeal, i.e., 19.7.2007. Thereafter, interest at the rate of 9 per cent per annum shall be payable. The appeal stands disposed of. Appeal partly allowed.;