[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. CIVIL MISC. APPEAL NO. 2409/2004 SMT. PANCHI & ORS. Vs. SITARAM & ORS. Date: 11.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Anoop Agarwal for the claimants-appellants. Mr. Tripurari Sharma for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is filed by the claimants-appellants for enhancement of compensation awarded vide impugned Award dated 06.08.2004 passed by the Motor Accident Claims Tribunal (Additional Sessions Judge, Fast Track No.3), Jaipur City, Jaipur (for short 'the Tribunal') in Claim Petition No. 252/2004, by which the claim petition filed by the appellants has been partly allowed and compensation to the tune of Rs. 5,25,800/- has been awarded in favour of the claimants-appellants. Learned counsel for the claimants- appellants submits that the at the time of the accident the deceased was 45 years of age and he was an agriculturist and was earning Rs. 8,000/- per month. Besides this, the deceased was Up- Sarpanch of village Naila., but the Tribunal while passing the common Award in Claim Case Nos. [2] 252/2004 and 253/2004, awarded a meagre compensation to the tune of Rs. 5,25,800/- in favour of the appellants in Claim Case No. 252/2004. In this appeal enhancement of compensation has been prayed for on the ground that on account of the accident, Buddharam sustained serious injuries on his head, neck and backbone and due to these injuries, he was unable to move and remained hospitalised for a period of four months. The medical board also issued a certificate regarding permanent disability of Buddharam to the extent of 100%. Buddharam incurred Rs. 1,40,000/- on his treatment and ultimately he died on 05.04.2000. It is further submitted that the deceased had remained under treatment for the period from 13.07.97 to till his death i.e. 05.04.2000, but this fact has totally been ignored by the Tribunal while granting compensation. It is also contended that the Tribunal has seriously erred in taking into consideration the income of the deceased as Rs. 4,200/- per month and thereupon dependency at Rs. 2,800/- per month. On the contrary, the claimants-appellants alleged that the deceased was earning Rs. 8,000/- per month as he was an agriculturist and was having land of 14 Bigha and 1 Biswa. Thus, the compensation awarded in favour of the claimants-appellants to the tune [3] of Rs. 5,25,800/- vide impugned Award dated 06.08.2004 by the Tribunal is unjust and unreasonable and the same required to be enhanced. I have heard rival submissions of the respective parties and carefully gone through the impugned Award dated 06.08.2004 passed by the Tribunal. The Tribunal while passing the impugned Award has considered each and every aspect and as the deceased was an agriculturist, therefore, looking to the facts and circumstances of the case rightly considered his income as Rs. 4,200/- per month and after correctly applying the multiplier of 13, awarded a compensation to the tune of Rs. 5,25,800/- which cannot said to be unjust and unreasonable and the same requires no interference by this Court. No case of enhancement is made out. Consequently, the present civil misc. appeal seeking enhancement of compensation, fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/