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Rajasthan High Court · body

2008 DIGILAW 2042 (RAJ)

Kiran Devi v. Mahaveer Singh

2008-09-01

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—This appeal has been preferred by the dependents of deceased Bane Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal (Special Court Dacoity Effected Area), Bharatpur vide judgment dated 7.12.2007 whereby a sum of Rs.3,19,000/- was awarded to the appellants by way of compensation. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the age of deceased was 44 years at the time of his death as per Ex.4, School Certificate and, as such, the learned Tribunal should have adopted multiplier of 15 instead of 13. It is further submitted that the learned Tribunal has not awarded adequate compensation on account of loss of consortium and loss of love and affection and same deserves to be 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that looking to the age of deceased as 44 years as per school certificate and post mortem report, multiplier of 15 is required to be adopted. Likewise, the additional amount of Rs.15,000/- for loss of consortium and Rs.10,000/- to the children for loss of love and affection is also required to be awarded to them. Thus the amount of compensation can be computed as under: 3000-1/3rd = 2000 x 12 x 15 (multiplier) = 3,60,000/- + 15,000 (consortium) + 10,000 (loss of love and affection) + 2000 (amount already awarded on other count)=3,87,000/-. 6. Accordingly, appeal of the appellant is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.3,19,000/- to Rs.3,87,000/0 from the date of appeal i.e. 29.1.2008, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. The record of the case be sent back to the learned Tribunal.