IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.CIVIL MISC. APPEAL No.1703/2000 Sobha Bai & Ors. vs. Kishore Singh & ors. 13.08.2009 HON'BLE MR. JUSTICE G.S. SARRAF Mr.Shashi Shakhawat on behalf of Mr.R.P. Singh, for the appellants. Mr.R.P. Vijay, for the respondent no.3. *** The claimants appellants have filed this appeal against the award dated 3.4.2000 passed by Motor Accident Claims Tribunal, Ajmer in motor accident claim case no.1835/99(210/88). Briefly stated the facts are that in the night of 21.5.88 a truck RRE- 1285 driven rashly and negligently by the respondent no.1 Kishore Singh hit the truck DIG-5262 from behind which was standing on kaccha near the village Rampura on national highway no.8 in consequence of which Sohan Singh and Ramesh Kumar died. The appellants are the legal representatives of the deceased Ramesh Kumar. Learned Tribunal on the basis of postmortem report of the deceased came to the conclusion that the deceased was 25 years old at the time of the accident. As per the claim application filed by the claimants appellants the deceased Ramesh Kumar was a truck driver and was earning Rs.1500/- per month. Learned Tribunal assessed the monthly income of the deceased as Rs.1,000/- per month as there was no documentary evidence in support of the fact that the deceased was a driver and also no one was examined who could say that the deceased was driving his truck. Learned Tribunal after deducting 333/- as personal expenses of the deceased and after adopting a multiplier of 12 assessed the dependency at Rs.667X12X12= Rs.96,048/-. Learned Tribunal added Rs.40,000/- on various counts and then passed an award of Rs.1,36,048/- in favour of the claimants appellants. Learned Tribunal also awarded interest @ 12% per annum excluding the period of delay caused by the claimants appellants. Learned counsel for the claimants appellants has submitted that the compensation amount awarded by learned Tribunal is grossly inadequate and, therefore, it should be enhanced suitably. He has also claimed interest from the date of filing of the application till the date of payment/realization. In the absence of any documentary evidence and in the absence of any corroboration I do not think that learned Tribunal has committed any error in assessing the income of the deceased as Rs.1,000/- per month. Learned Tribunal has rightly deducted 1/3 of it for the personal expenses of the deceased. In the postmortem report the age of the deceased has been shown to be 25 years and I have no reason to disagree with learned Tribunal that the deceased was 25 years old at the time of the accident. Learned Tribunal has adopted a multiplier of 12 which I find appropriate in the facts and circumstances of the case. As regards the interest learned Tribunal has rightly excluded the period of delay for which the claimants appellants were responsible and on this ground too the award does not deserve to be interfered with. For the reasons stated above I do not find any merit in this appeal. Consequently, the appeal stands dismissed. (G.S. SARRAF), J.