S.B. CIVIL MISC. APPEAL NO. 683/2007 (Bhuri Devi & ors. Vs. Guru Charan Singh & ors.) Date of Order :: 9th February 2007 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.K.R.Choudhary for the appellants. ... For awarding compensation to the dependents of vehicular accident victim Kamlesh Kumar said to be about 30 years of age and earning as driver, for want of any cogent corroborative evidence, the Tribunal has taken monthly income of the deceased at Rs.3,000/- and after deducting one-third on his personal expenditure and with application of multiplier of 18 has assessed pecuniary loss at Rs.4,32,000/- and while allowing Rs.5,000/- towards non-pecuniary loss and Rs.2,000/- towards funeral expenses has made an award in the sum of Rs.4,39,000/- together with interest at the rate of 6% per annum from the date of filing of claim application. It is contended in this appeal on behalf of the claimants that deceased was earning as driver at least Rs.6,000/- per month and there being no rebuttal of the evidence adduced by the claimants, the Tribunal has erred in taking monthly income of the deceased only at Rs.3,000/-. The submissions are not well founded. It is noticed that the Tribunal has referred to the income certificate Ex.12 and has observed that the person issuing certificate has not been produced in evidence. Though the fact that deceased was a driver is taken established from driving licence Ex.8, but for want of cogent evidence in relation to his income, the estimate put by the Tribunal at Rs.3,000/- per month cannot be said to be grossly inadequate or incorrect. Moreover, the Tribunal has proceeded to apply maximum side multiplier of 18 while assessing pecuniary loss. In this view of the matter, though the Tribunal has allowed only Rs.5,000/- towards non-pecuniary loss but in the ultimate analysis, the amount of compensation awarded by the Tribunal in the sum of Rs.4,39,000/- cannot be said to be too low or grossly inadequate so as to warrant interference in appeal. The appeal fails and is, therefore, dismissed summarily. (DINESH MAHESHWARI), J. MK