JUDGMENT 1. - Heard.All these three appeals arise out of common order passed by learned Motor Accident Claims Tribunal, Sawami Madhopur, vide judgment dated 8th September, 1999, hence they are being disposed off together. 2. C.M.A. No. 822/2000 has been preferred on behalf of injured Pawan, aged three years for enhancement of compensation by the Tribunal amounting to Rs. 3,500/- for the injury sustained. 3. C.M.A. No. 118/2000 has been filed on behalf of injured Gokul Das for enhancement of compensation awarded by the Tribunal amounting to Rs. 40,500/- for 17.40% disability caused on account of injury sustained in the accident. 4. C.M.A. No. 67/2000 has been preferred on behalf of dependents of deceased Smt. Krishna alias Gora for enhancement of compensation awarded by the Tribunal amounting to Rs. 76,000/- for the death caused in the accident.The only challenge in these appeals pertain to quantum of compensation.C.M.A. No. 822/2000/Claims Case No. 43/99 5. In this appeal, counsel for the appellant submitted that the child has sustained three injuries for which a sum of Rs. 3,500/-,has been awarded, which is on lower side and deserves to be enhanced looking to the age of the injured. 6. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that adequate amount has been awarded and no disability has been caused and there is no grievous hurt. 7. After hearing the rival contentions and going through the award as also record of the case, it is revealed that there were three simple injuries and the amount awarded is adequate and there is no scope for further enhancement of compensation in this appeal. Hence, the appeal stands dismissed. 8. Counsel for the appellant submitted that the Tribunal had awarded Rs. 40,000/-, by way of lump sum for 17.40% disability and as such the amount deserves to be enhanced by adopting II Schedule to the Motor Vehicles Act to be the guideline by taking the income of the deceased to be at least Rs. 60/- per day equivalent to a skilled labourer as the injured was an agriculturist. 9. Per contra, learned counsel for the respondents supported the judgement of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and it calls for no interference. 10.
60/- per day equivalent to a skilled labourer as the injured was an agriculturist. 9. Per contra, learned counsel for the respondents supported the judgement of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and it calls for no interference. 10. After hearing the rival contentions and going through the award as also record of the case, it is revealed that the accident pertains to the year 1998. The injured was an agriculturist and he has sustained 17.40% disability and looking to his age, multiplier of 13 deserves to be adopted and the income deserves to be computed commensuration with the percentage of disability as under:- "1800x 12 x 13 (Multiplier) 17.40% disability= 48,859 minus 40,000 (already awarded= 8,859 plus 7,000/- (for pain 8s suffering) = 15,895/- (to be additionally awarded)." 11. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs. 15,859/-, by way of additional enhanced compensation from the date of appeal i.e., 7th December, 1999, with 6% interest to be paid within three months. Thereafter, interest shall be paid @ 9% per annum. The rest of the terms of the award shall remain unchanged.C.M.A. No. 67/2000 (CLAIM PETITION NO. 45/99) 12. This claim petition pertains to death of Smt. Krishna alias Gora, aged 20 years and at the time of death she was engaged in tailoring work at her residence and used to earn 3,000/- but she has been awarded a sum of Rs. 70,000/- by way of lump sum. In the alternative, it has been argued that her notional income is to be taken as Rs. 15,000/ and the amount should be computed accordingly without deducting any amount for her own expenses as the amount is not an earning but by way of family contribution. 13. 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 it calls for no interference. 14. After hearing the rival contentions and going through the award as also record of the case, it is revealed that the Tribunal has awarded Rs. 70,000/- by way of lump sum.
14. After hearing the rival contentions and going through the award as also record of the case, it is revealed that the Tribunal has awarded Rs. 70,000/- by way of lump sum. The deceased was 29 years and left behind her three years old child apart from her husband. Deceased was engaged in stitching work. However, her contribution to the family deserves to be assessed by way of notional income of Rs. 15,000/-without any deductions and the compensation can be calculated as under:- "15,000 x 17 (multiplier) = 2,55,000 minus 70,000 (already awarded) 1,85,000 plus 5,000/- (to be additionally awarded for loss of love and affection to minor child) = 1,90,000/- (to be additionally awarded)" 15. 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. 1,90,000/-, by way of additional enhanced compensation from the date of appeal i.e., 7th December, 1999, with 6% interest to be paid within three months. Thereafter, interest shall be paid @ 9% per annum. The rest of the terms of the award shall remain unchanged.Record be sent back.Order accordingly. *******