// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.931/2006 Smt. Bhanwari Devi W/o Late Bhanwar Singh and Others Versus Gopal Lal Gurjar (Driver of the Truck) and Others Date of Order ::: 21.10.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sunil Jain, Counsel for appellants #### By the Court:- Heard learned counsel for the appellants. This appeal, on behalf of the claimants for enhancement of the amount of awarded compensation, is directed against the impugned judgment and award dated 2nd December, 2005 passed by the Motor Accident Claims Tribunal, Beawar. The only submission of the learned counsel for the appellant is that the Tribunal committed an illegality in assessing the income of the deceased at Rs.70/- per day i.e. Rs.2100/- per month. He contended that at-least a sum of Rs.81/- per day, should have been assessed as income of the deceased as he was driver. // 2 // I have considered the submissions of the learned counsel for the appellant in the light of reasons assigned by the Tribunal while deciding Issue No.2 relating to quantum of compensation to be awarded in the present case. The claimants pleaded in the claim petition that monthly income of deceased Narendra Singh was Rs.8500/-, whereas PW-1 Bhanwari Devi stated on oath that monthly income of deceased was Rs.3500/-. The non- claimants pleaded that normally monthly salary of a Driver at private vehicle is not more than 1500/-. Admittedly, there was no documentary evidence in respect of income of deceased. The learned Tribunal, after considering the evidence on the record adduced on behalf of both the parties, assessed the monthly income of the deceased at Rs.2100/-. So far as multiplier to be applied in the present case is concerned, there is no dispute that the deceased was bachelor and claimant No.1 is his mother. She stated her age to be 47 years on the date of her statement, therefore, the learned Tribunal recorded a finding that she was 44 years of age on the date of accident and consequently as per second schedule the multiplier of 15 was adopted. The learned Tribunal, therefore, awarded total // 3 // compensation of Rs.2,52,000/- on account of loss of income; Rs.2000/- was further awarded under the head of 'funeral expenses'; Rs.10,000/- were awarded under the head of 'depriving of love and affection'. The Tribunal awarded total compensation of Rs.2,64,000/-. After considering all the facts and circumstances of case and the submissions of the learned counsel for the appellants, I find that the amount of compensation awarded by the Tribunal appears to be just and reasonable. Admittedly, the claimants did not produce any income-certificate of the deceased nor examined his employer in order to prove income of the deceased. The Tribunal after considering this aspect of the matter recorded a finding in respect of income of the deceased. In these circumstances, I do not find any merit in the submissions of the learned counsel for the appellant. The amount of compensation awarded by the Tribunal in the present case appears to be just and reasonable and no interference in it is called for. In view of the above, there is no merit in this appeal and the same is accordingly dismissed. (Narendra Kumar Jain) J. //Jaiman//