S.B. CIVIL MISC. APPEAL NO.2598/2004 SIRAJ AHMED & Ors. v. HEERA LAL DATE OF ORDER :- MAY 29 & Ors.

- MAY 29, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri H.K. Sharma, for appellants. Smt. Arachana Mantri for New India Assurance Company Ltd.

The case has come up for admission. Counsel of both the parties agree to dispose of the case at admission stage.

Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal.

This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by dependents of deceased Jamunwa Khatoon for enhancement of compensation against the award August 18, 2004 of the learned Motor Accident Claims Tribunal and Addl. District & Sessions Judge No.9, Jaipur a City, Jaipur (for short 'the Tribunal), in Claim Petition No.247/04 (774/2000), whereby a sum of Rs.3,00,000/- has been awarded by way of compensation to the claimants- appellants. The only challenge in this 2 appeal pertains to the quantum of compensation.

Learned counsel for the

appellants submitted that deceased Smt. Jamunwa Khatoon died in the accident. The deceased was employed in Kausar Carpet Factory and was engaged in weaving carpet drawing minimum Rs.110/- by way of wages. But the learned Tribunal has assessed the daily wage of Rs.80/- per day while deciding the claim petition and the amount of compensation requires to be assessed on the basis of Rs.100/- per day by way of wage.

Per contra, learned counsel for the Assurance Company argued that the appellants failed to produce any documentary proof in support of the amount of wage received by her and the award in the instant case has been passed by the learned Tribunal on the basis of the evidence adduced before the Tribunal and calls for no interference.

In view of the rival submissions, advanced and on going through the award, it is revealed that the deceased was working in the Kausar Carpet Factory and therefore her daily wage is said to be 3 Rs.110/- per day and the learned Tribunal has assessed daily wage at Rs.80/- that seems to be on lower side. The age of the deceased was 45 years at the time of accident and the daily wage was Rs.100/- per day, the amount can be computing as thus : Rs.2000/- x 12 x 15 = Rs.3,60,000/- plus Rs.12,000/- already awarded on the other heads. Thus total amount comes to Rs.3,72,000/-

Accordingly the award is modified to the extent that the amount of compensation of Rs.3,00,000/- is substituted by Rs.3,72,000/- from the date of the appeal i.e. 2.12.2004. The amount so increased shall entail interest @ 6% p.a. from the date of the order to be paid within three months failing which interest @ 9% p.a. shall be payable.