JUDGMENT
G.S. Sarraf, J.
1. These two appeals have been filed under Section 173 of the Motor Vehicles Act against the judgment/award dated 24.4.1996 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur.
2. Briefly stated the facts are that on 12.4.1992 a truck HRM-4087 driven by respondent No. 1 rashly and negligently hit the motorcycle driven by one Ram Kishore near Murlipura School, Chomu Road, Jaipur in consequence of which Ram Kishore died and pillion rider Sita Ram sustained injuries. After hearing the parties the learned Tribunal by judgment dated 24.4.1996 passed an award of Rs. 94,200 in favour of the legal representatives of the deceased Ram Kishore and of Rs. 76,000 in favour of the injured Sita Ram. The claimants appellants have filed these two appeals against the aforesaid judgment/award.
3. Mr. K.N. Tiwari, learned Counsel for the claimants appellants has contended that the compensation awarded by the learned Tribunal in the two cases is grossly inadequate and, therefore, it should be increased. In S.B. Civil Misc. Appeal No. 615/96 he placed reliance on and in S.B. Civil Misc. Appeal No. 616/1996 he placed reliance on 2005 RAR (Raj.) 280.
4. Mr. B.C. Rawat, learned Counsel for the respondent No. 3 in both the cases has supported the judgment of the learned Tribunal.
5. In S.B. Civil Misc. Appeal No. 615/96 the deceased Ram Kishore was around 19 years old at the time of his death and was running a milk dairy. It is obvious that, had he survived, he would have earned a substantial amount per month for the benefit of the family and as such the compensation of Rs. 94,200 appears to be inadequate. Even taking a reasonable view of the amount which the deceased would have earned had he survived and considering the future economic prospects of the deceased I deem it fit and appropriate to increase the award amount to a lump sum amount of Rs. 1,50,000. Thus, the Claimant-appellants are entitled to compensation to the tune of Rs. 1,50,000 in S.B. Civil Misc. Appeal No. 615/1996. 1 am supported by the judgment of Hon’ble Apex Court 1998 ACJ 848.
6. In S.B. Civil Misc. Appeal No. 616/1996 the injured SitaRam completely lost vision of right eye. According to the disability certificate given by the Medical Board and the statement of Dr. M.K. Mathur (A.W. 4) the claimant appellant Sita Ram suffered permanent disability to the extent of 60%. After considering the rival contentions and after going through the findings of the learned Tribunal on issue No. 4,1 deem it fit and appropriate to increase the award amount to a lumpsum, amount of Rs. 1,00,000.
7. Consequently, the appeal of the claimant-appellants are allowed to the extent stated above and the amount of compensation is increased from Rs. 94,200 to Rs. 1,50,000 in S.B. Civil Misc. Appeal No. 615/96 and from Rs. 76,000 to Rs. 1,00,000 in S.B. Civil Misc. Appeal No. 616/96. The claimant-appellants will be entitled to interest at the rate of 6% per annum from the date of the award of the learned Tribunal to the date of deposit/realisation on the enhanced amount. If the aforesaid amounts are not paid or deposited within a period of three months then the respondents will have to pay interest at the rate of 12% per annum. In S.B. Civil Misc. Appeal No. 615/96 the learned Tribunal shall deposit 50% of the enhanced amount in the name of the appellant No. 1 and the rest 50% in the name of the appellant No. 2 and in S.B. Civil Misc. Appeal No. 616/96 the learned Tribunal shall deposit the enhanced amount in the name of the appellant by way of F.D. in a nationalised bank for a period of 5 years. The claimant appellants will get the interest quarterly but no advance of any kind or premature encashment shall be permitted in respect of the said amount. No order as to costs.