JUDGMENT 1. - This appeal is directed against the judgment and award dated 19.3.2002 passed by Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby for death of one Dharma, aged about 28 years, the Tribunal has awarded a sum of Rs. 1,81,200/- as compensation. 2. The facts in brief may be noticed thus : the deceased Dharma was travelling on a tractor No.RJ-30-R-0526 when it met with an accident, resulting in death of said Dharma. The application was filed by the claimants i.e. parents and wife of the deceased seeking compensation of Rs. 12,05,000/-, it was interalia claimed that the deceased was aged 23 years and was involved in labour and agriculture operation and it was claimed that his monthly income was Rs. 2,000/- per month from labour and Rs. 15,000/- per year from agriculture operations. 3. The application was opposed by the Insurance Company by filing reply. 4. After hearing the parties, the Tribunal came to the conclusion that the tractor was being driven rashly and negligently and the Insurance Company was liable to make payment of the compensation. 5. While considering the issue relating to quantum of compensation, the Tribunal found that as the deceased was working as a Labourer, it cannot be said that he had regular income and therefore, took the income at Rs. 1,200/- per month, deducted ⅓rd towards personal expenses, applied multiplier of 17 and award a sum of Rs. 1,63,200/- towards loss of income and a further sum of Rs. 15,000/- towards loss of love, affection and consortium and Rs. 3,000/- towards funeral expenses alongwith interest @ 9% p.a. from the date of application. 6. It is submitted by learned counsel for the appellant that the monthly income of the deceased has been taken at a very low scale which comes to Rs. 40/- per day only when, in fact, it was a specific evidence of the father that deceased used to earn Rs. 70/- per day and at times he used to get Rs. 100/- as well and, therefore, the same deserves to be enhanced adequately. 7. It was further submitted that the award under the conventional head i.e. loss of love, affection and consortium is on the lower side and the same also needs to be enhanced adequately. 8.
70/- per day and at times he used to get Rs. 100/- as well and, therefore, the same deserves to be enhanced adequately. 7. It was further submitted that the award under the conventional head i.e. loss of love, affection and consortium is on the lower side and the same also needs to be enhanced adequately. 8. Per contra, learned counsel for the respondent-Insurance Company supported the award impugned, it was submitted that the compensation awarded is adequate and does not call for any interference. 9. I have considered the rival submissions. 10. The date of accident in the present case is 10.10.2000 and the Tribunal has taken income of the deceased at Rs. 40/- per day. It was the specific statement of the father that the deceased used to earned Rs. 70/- per day and at times he used to earn Rs. 100/-. In the cross-examination, the above aspect was fortified when the father denied that the deceased used to get work for 15-20 days only and stated that in fact, he used to work for the whole month. The minimum wages as applicable in the State at the relevant time was Rs. 60/- per day for the unskilled workman. In view thereof, it cannot be said that the assessment of income of the deceased at Rs. 40/- per day by the Tribunal was appropriate. 11. In the facts and circumstances of the case and the material available on record, the income of the deceased is assessed at Rs. 70/- per day i.e. Rs. 2,100/- per month and after deducting ⅓rd towards personal expenses, the monthly loss of income is assessed at Rs. 1,400/- per month and applying multiplier of 17, the claimants are held entitled to a sum of Rs. 2,85,600/- towards loss of income. 12. So far as award of conventional sum under loss of love, affection and consortium as well as funeral expenses is concerned, the same is also enhanced from Rs. 15,000/- for loss of love, affection and consortium to Rs. 30,000/- and for the funeral expenses from Rs. 3,000/- to Rs. 5,000/-. 13. Consequently, this appeal is partly allowed. The award passed by the Tribunal is modified. It is held that the claimants would be entitled a sum of Rs. 3,20,600/- alongwith interest @ 9% p.a. from the date of application i.e. 24.10.2000.
30,000/- and for the funeral expenses from Rs. 3,000/- to Rs. 5,000/-. 13. Consequently, this appeal is partly allowed. The award passed by the Tribunal is modified. It is held that the claimants would be entitled a sum of Rs. 3,20,600/- alongwith interest @ 9% p.a. from the date of application i.e. 24.10.2000. The respondents would be jointly and severally liable for payment of the said compensation. The amount of enhanced compensation be disbursed to the claimants in terms of the award. The enhanced compensation be paid by the Insurance Company within a period of two months from today.No costs.Appeal partly allowed. *******