SBCMA NO.1434/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Manbhari Devi and ors. Vs. Vinod Kumar S.B. CIVIL MISC.APPEAL NO.1434/2005. Date of order : 16/04/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Devendra Kumar Bhardwaj for the appellants. ****** BY THE COURT:- Heard learned counsel for the appellants. This appeal is directed against the award of the MACT dated 4/2/2005 whereby, the Tribunal has awarded a sum of Rs.3,50,000/- as compensation to the appellants. The appellants have prayed for enhancement in the quantum of compensation. Learned counsel for the appellants has argued that the Tribunal recorded perverse finding on Issue No.4 specially on the question of income of the respondent. Learned counsel argued that the learned Tribunal has also not awarded amount on the head of mental agony. The monthly income of the appellant has been assessed at Rs.2,100/- which too was at much lower side specially when claimants had established that the deceased was earning Rs.5,000/- per month and no contrary evidence was produced by the non- claimants. Learned Tribunal has awarded only a sum of Rs.20,000/- on the head of love and affection to the minor children and Rs.15,000/- to appellant No.1 for SBCMA NO.1434/05. 2 consortium loss. No suitable compensation has been awarded to appellant No.1-widow looking to her age. Age of the deceased at the time of accident was 28 years and accordingly, the Tribunal applied the multiplier of 18. The evidence had been produced by the claimants specially, statement of appellant No.1, wife of the deceased, did not give any satisfactory proof as to the income of the deceased. It was asserted that deceased was driver but no evidence was led as to whose vehicle he was driving and if so, on regular basis. Even then, the Tribunal assessed the per day income of the deceased at Rs.70/- and monthly, Rs.2100/- and then applied the multiplier of 18, thus awarded total compenstion for an amount of Rs.3,02,400/-. On the head of love and effection, learned Tribunal awarded Rs.20,000/- whereas Rs.15,000/- was awarded for loss of consortium and Rs.7,600/- for funeral was awarded. In totality, the Tribunal has committed no error in arriving at findings on Issue No.4. I find no merit in this appeal. The same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil/-