Judgment Hon'ble SINGH, J.—Both the parties are agreed for final disposal of this appeal at the admission stage. 2. Heard the learned counsel for the parties. 3. This appeal has been preferred by the dependents of deceased Kalu Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sikar vide judgment dated 21.8.2002 whereby a sum of Rs.2,11,200/- was awarded to the appellants by way of compensation. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellants submits that the learned Tribunal has not awarded adequate compensation for loss of earning as well as no compensation has been awarded for loss of consortium and love & affection to the children & parents. It is further submitted that deceased was a young man of 40 years and he was earning his livelihood with the help of buffalow cart and was not drawing less than Rs.80/- per day, therefore, compensation deserves to be enhanced. 6. 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 at the time of death of deceased, he was 40 years of age and he was earning his livelihood by bufallow cart used for carrying goods. It is further revealed that he was survived by his wife, five minor children and old aged father. In view of aforesaid submissions and in totality of facts & circumstances of the case, monthly earning of deceased deserves to be enhanced by assessing his earning as Rs.80/- per day and after deducting 1/3rd of the earning on deceased himself, amount deserves to be computed by applying appropriate multiplier of 16. That apart, the wife of deceased also deserves to be awarded Rs.15,000/- for loss of consortium and Rs. 5,000/- each to the children and father of deceased for loss of love and affection. Thus the amount of compensation can be computed as under: 80x30-1/3rd=1600x12x16(multiplier)= Rs.13,07,200 + 15000(loss of consortium) +30,000(loss of love and affection)+2,000 (funeral expenses)+1,000(already awarded by Tribunal on other heads)= 3,55,200/- 8.
5,000/- each to the children and father of deceased for loss of love and affection. Thus the amount of compensation can be computed as under: 80x30-1/3rd=1600x12x16(multiplier)= Rs.13,07,200 + 15000(loss of consortium) +30,000(loss of love and affection)+2,000 (funeral expenses)+1,000(already awarded by Tribunal on other heads)= 3,55,200/- 8. Accordingly, appeal of the appellants is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.2,11,200/- to Rs.3,55,200/-from the date of appeal i.e. 2.12.2002, 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.