JUDGMENT 1. - Heard. 2. With the consent of learned counsel for both the parties, this appeal is being disposed of at admission stage. 3. Heard. 4. This appeal has been preferred by the appellant dependant Smt. Kokli, for enhancement of compensation, against the Award dated 24.4.2007, passed by learned Motor Accident Claims Tribunal and Special Judge (Dacoity Affected Area), Dholpur, whereby a sum of Rs. 3,80,000/- was awarded by way of compensation on account of death of son of the claimant appellant Vinod and his wife Smt. Rekha in the accident. 5. The only challenge in the appeal pertains to quantum of compensation. 6. Learned counsel for the appellant has submitted that on account of death of an adult son and his wife the appellant mother has been left alone in the family and there is no body to look after her as she herself is widow. The learned counsel submitted that the Tribunal has failed to award adequate compensation as the deceased Vinod was Mistry and was engaged in construction work and as such his wages should be treated equivalent to that of a skilled labourer for computing the compensation. 7. As regards Smt. Rekha, wife of Vinod, it is submitted that she was also engaged in manual work and even if she is taken to be unskilled labourer, her per day earning may be treated equivalent to minimum wages of Rs. 73/-. 8. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced during enquiry and the same calls for no interference. He has also placed reliance upon Manju Devi v. Musafir Paswan, 2005 (1) T.A.C., 609 and Bijoy Kumar v. Bidya Dhar and others, 2006 (3) SCC 242 . 9. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the the appellant claimant Smt. Kokli, aged 46 years has lost her only son and his daughter-in-law in the accident. There is no other member in the family to take care of her in the old age. The learned Tribunal has assessed the income of the deceased Vinod to be Rs. 2,000/- and Smt. Rekha Rs. 1600/- while computing the compensation.
There is no other member in the family to take care of her in the old age. The learned Tribunal has assessed the income of the deceased Vinod to be Rs. 2,000/- and Smt. Rekha Rs. 1600/- while computing the compensation. The income assessed by the Tribunal appears to be on lower side as Vinod was engaged in construction work as a Mistry and as such his daily wages should be taken equivalent to that of skilled labourer amounting to Rs. 80/- per day. Likewise the daily wages of Smt. Rekha who was also engaged in manual labourer, should also be taken to be equivalent to unskilled labourer amounting to Rs. 73/- per day. The appellant mother has not been awarded compensation by way of love and affection, that deserves to be awarded. The amount under the award can be computed for the death of Vinod as under: "80 x 30 x 12 x 13 (multiplier) minus ⅓rd (for his own expenses) _ 2,49,600/- + 5000 (for loss of love and affection) to be additionally awarded = 2,54,600/-." For death of Smt. Rekha, the amount of compensation can be computed as under: "73 x 30 x 12 x 13⅓rd (for her own expenses) = 2,27,760/-. Thus, the total compensation deserves to be awarded to Rs. 4,82,360 minus 3,74,400 (already awarded) = 1,07,960/-. 10. Accordingly, the impugned award stands modified and the appellant is awarded enhanced amount of 1,07,960/- from the date of appeal, i.e., 2.7.2007, with 6 per cent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 per cent p.a. shall be payable.The appeal stands disposed of.Appeal Disposed of as Above. *******