UCHHAB KANWAR Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) THIS is an appeal against the award given by the Motor Accidents Claims Tribunal, Jodhpur dated 4 -6 -1981 whereby a sum of Rs. 15,000/ - has been awarded as compensation with 6% per annum interest w.e.f. 3 -3 -1979. Aggrieved against this award, the claimants have filed the present appeal for suitable enhancement of the award.

(2.) THE brief facts giving rise to this appeal are that on 13 -10 -1978 Hanuwant Singh aged about 30 years was travelling in the Rajasthan State If Road Transport Corporation's Bus bearing No. RRM 1078 from Ladnu to Deedwana. This bus got over -turned and deceased Hanuwant Singh died on account of this accident. The dependents of deceased Hanuwant Singh filed a claim petition before the Tribunal and claimed a sum of Rs. 1,97,000/ - as compensation. The learned Tribunal awarded a sum of Rs. 15,000/ - as compensation, on the ground that on account of the death of the deceased his agricultural farming would lie suffered and since his minor son is 3 years and he would become major after the expiry of 15 years, therefore, taking the loss of income of the deceased Rs. 1000/ - per annum the Tribunal awarded a sun) of Rs. 15,000/ - as compensation.

(3.) I think the contention of Mr. Rathore appears to be proper. The deceased died leaving behind him wife and minor children. Therefore, the Tribunal should have awarded some amount for the loss of consortium to the wife and loss of love and affection on account of the death of the deceased to the children. I think a sum of Rs. 13,000/ - under this head would be a fair amount for this loss. Thus, the appeal filed by the appellants is allowed and the claimants are entitled to a further sum of Rs. 13,000/ - in addition to the amount of Rs. 13,000/ - awarded by the Tribunal on account of loss of consortium and love and affection.