SBCMA NO.1175/08. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL MISC.APPEAL NO.1175/2008. Smt.Gothi and ors. Vs. Bihari Lal and ors. Date of Order:- 24/04/2008. PRESENT HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bhanu Prakash on behalf of Shri Ratan Kaushik for the appellants. BY THE COURT:- Heard learned counsel for the appellants. 2) This appeal has been filed for enhancement of quantum of compensation. The Tribunal has awarded Rs.4,30,000/- as compensation to be payable by the respondents jointly and severally with interest @ 9% from the date of filing of the claim petition i.e. w.e.f. 18/2/2002. 3) Learned counsel for the appellants has argued that deceased was a mason and his daily income was Rs.200/-. It was argued that diary of the contractor with whom the deceased was working was produced which the learned Tribunal did not accept accept the said diary in entirety and has wrongly accepted the monthly income of the deceased as Rs.3,000/-. Learned counsel argued that even SBCMA NO.1175/08. 2 though, the deceased was aged 25 years at the time of accident, multiplier of 17 instead of 18, as adopted in Schedule-II of the Motor Vehicles Act, has been adopted. Learned counsel submitted that for some of the days which were not entered in the diary Exb.17, the evidence that has come on record that deceased was working with some other contractor on different site during those days. Even appellant No.1- Smt.Gothi wife of the deceased was examined as AW1 and she has also stated that monthly income of the deceased was more than Rs.3,000/-. Hence award of the Tribunal is liable to be interfered with and quantum of compensation be suitably enhanced. 4) Having heard learned counsel for the appellants and perused the impugned-order, I find that the diary Exb.17 produced before the Tribunal was not believed in entirety because the Tribunal found that name of the deceased in the said diary at most of the places was mentioned as last name in the concerned dates. For some of the months, entries were made indicating that he worked only for few days. Some of the entries indicated the amount was paid to the deceased in advance. In the face of such evidence, the Tribunal has even then accepted the monthly income of the deceased as Rs.3,000/- and while deducting 1/3rd of the amount which he would have spent on himself applying the multiplier of 17, thus calculated the amount of Rs.4,08,000/- as compensation. Tribunal has also SBCMA NO.1175/08. 3 awarded amount of Rs.5,000/- for loss of consortium, Rs.10,000/- for loss of love and affection to the children, Rs.5,000/- love and affection of the mother towards the son and Rs.2,000/- towards the funeral expenses. Although, it is true that second schedule indicate the multiplier of 18 for the age between 25-30 but since claim petition was filed by the father aged 58 years and mother aged 50 years, the Tribunal has adopted the multiplier of 17 by adjusting such factor. 5) In totality of the circumstances, I do not find any error in the impugned award. The appeal is, therefore, rejected. (MOHAMMAD RAFIQ), J. anil