1 S.B. CIVIL MISC. APPEAL NO.65/2007. (Smt. Bhanwar Kanwar & Ors. Vs. Mishri Lal & Ors.) Date of Order :: 9th January 2007. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Sandeep Sarupariya, for the appellants. ... For awarding compensation to the parents and wife of the 26 years old vehicular accident victim Shivraj Singh, the Tribunal has not accepted the assertion of the claimants about earnings of the deceased at Rs.4,500/- per month for want of reliable evidence; and has taken his income at Rs.1,960/- per month on the basis of wages at Rs.70/- per day for 28 days a month. Though the age of the deceased was 26 years but with reference to the age of the wife of the deceased at 22 years, the Tribunal has considered it appropriate to apply a multiplier of 17 and while deducting one-third on personal expenditure of the victim, has assessed pecuniary loss at Rs.2,66,560/-. Thereafter, the Tribunal has referred to non-pecuniary loss for unfortunate demise of the victim, of transportation and funeral expenses, and of future likelihood of enhancement in income and has awarded Rs.83,440/- on these counts; and has thereby awarded total compensation to the claimants in the sum of Rs.3,50,000/-. 2 The claimants seek enhancement over the amount so awarded by the Tribunal by way of this appeal. Having examined the award in its totality, this Court is satisfied that the award of compensation as made in this case rules out any scope for enhancement. Though the assessment of pecuniary loss has been moderate, the amount of Rs.83,440/- allowed by the Tribunal on other scores seems excessive. The deceased being not in any settled job or employment, no element towards future prospects could have been provided; and for non-pecuniary loss for the parents and wife, for transportation, and for funeral expenses the amount as provided by the Tribunal at Rs.83,440/- appears excessive. In the overall analysis, there is no scope for enhancement in the liberal award made by the Tribunal; and this appeal remains bereft of substance. The appeal fails and is, therefore, dismissed summarily. (DINESH MAHESHWARI), J. //Mohan//