IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.CIVIL MISC. APPEAL No.219/1999 (Mst.Kalawati & Ors. vs. Saroj & Ors.) 20.02.2009 HON'BLE MR. JUSTICE G.S. SARRAF Mr.Anirudh Singh, for appellants. Mr.M.C. Jain on behalf of Mr.Jainandra Jain, for respondent no.1. None present, for respondents nos.2 and 3. *** The appellants have filed this appeal against the judgment dated 26.9.1998 passed by Motor Accident Claims Tribunal, Deeg in civil misc. case no.24/1995. Briefly stated the facts, according to the claim petition, are that the deceased Pancha died in an accident which took place at about 4.00 p.m. on 29.12.1994 on account of rash and negligent driving of the truck RJ 05 G 0693 by the respondent no.2 Girdhari. Learned Tribunal passed an award of Rs.1,98,000/- in favour of the appellants. Aggrieved, the appellants have filed this appeal. Heard learned counsel for the appellants and learned counsel for the respondent no.1. Learned counsel for the appellants submits that the income of the deceased has not been assessed correctly and appropriate multiplier has not been adopted by learned Tribunal and, therefore, the amount of compensation deserves to be enhanced. Learned counsel for the respondent no.1 supports the judgment of learned Tribunal. Learned Tribunal has assessed the income of the deceased as Rs.1500/- per month and then it has deducted 1/3 of it i.e. Rs.500/- on account of personal expenses of the deceased and thereafter it has employed the multiplier of 15. Learned Tribunal has thus awarded (1000x12x15) Rs.1,80,000/- on account of loss of income. Learned Tribunal has further awarded Rs.15,000/- for the loss of love and affection, Rs.1,000/- as transport expenses and Rs.2,000/- as funeral expenses totaling Rs.1,98,000/-. In the absence of any documentary evidence learned Tribunal has assessed the income of the deceased as Rs.1500/- per month. On perusal of the evidence on record I am of the opinion that learned Tribunal has not committed any error in assessing the income of the deceased. In the claim petition, the deceased is said to be 40 years old. In the facts and circumstances of the matter learned Tribunal has rightly adopted a multiplier of 15. I am, therefore, of the opinion that there is no scope for enhancement of the compensation amount. Consequently, the appeal stands dismissed. (G.S. Sarraf), J. Sanjay