SBCMA No.2614/07 Smt. Sayari & Anr. Vs. Bhim Singh & Ors. -{1}- SBCMA No.2614/07 Smt. Sayari & Anr. Vs. Bhim Singh & Ors. DATE OF ORDER : - 15.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.SK Sankhala, for the appellant. Mr.Mukul Singhvi, for the the respondents. <><><> Heard learned counsel for the parties. The appellant is aggrieved against the award dated 28.7.2007 by which according to learned counsel for the appellant, the Motor Accident Claims Tribunal (Addl. District Judge (Fast Track) No.4, Jodhpur) awarded less compensation of Rs.3,29,000/- only to the claimant in a case where the claimant no.1's husband and claimant no.2's father died. So far as occurring of accident on 4.12.2003 by the bus driven by the respondent Bhim Singh is concerned, there is no dispute that the respondent was guilty of driving rashly and negligently and in that accident, the SBCMA No.2614/07 Smt. Sayari & Anr. Vs. Bhim Singh & Ors. -{2}- victim Bhagwan Ram died. According to the claimants, the deceased Bhagwan Ram had agricultural income as he was having 50 bighas of irrigated land. According to learned counsel for the appellant, the victim was earning Rs. 2 lacs per annum from the agricultural land. The tribunal has committed serious error of law and fact in assessing the income of the deceased Rs. 3,000/- per month only. It is also submitted that the tribunal was of the view that the claimants suffered only loss of supervisory expenditure because of the accident. I considered the submissions of learned counsel for the appellant and perused the record. To prove that the victim was holding 50 bighas of agricultural land, the claimants produced the copies of Jamabandi as well as copies of Girdhawari wherein the crop has been recorded by the revenue authorities. It is the case of the appellant that victim was earning Rs.2 lacs per year from the said land for which, admittedly, no documentary evidence has been produced by the claimants. However, the tribunal was of the view that since the deceased was holding the agricultural SBCMA No.2614/07 Smt. Sayari & Anr. Vs. Bhim Singh & Ors. -{3}- land, therefore, he must had earning from the agricultural land. According to learned counsel for the appellant the tribunal was of the view that the victim's brother is helping in agriculture and because of that reason only, the tribunal reached to the conclusion that income of the appellant was Rs.3,000/- per month. Since no documentary evidence was produced by the claimant for the income of the deceased, which could have been produced as the crop which gives profit of Rs.2 lac must have been sold in the market. It is not the case of the claimants that the victim was getting crop of Rs. 2 lacs per annum, but it is the case of the claimant that victim was getting the income of Rs. 2 lacs from agricultural produce. In view of the above, if the tribunal taking into account of the surrounding circumstances that the land and the income from the agricultural will certainly go to the claimant and after the death of her husband and, thereafter, assessed the income of the victim @ Rs.3,000/- per month, I do not find that the tribunal has committed any error. The award of compensation of Rs. 3,29,000/- in SBCMA No.2614/07 Smt. Sayari & Anr. Vs. Bhim Singh & Ors. -{4}- the facts of this case cannot be said to be low in any manner. Hence, the appeal of the appellant is dismissed having no merit. (PRAKASH TATIA), J. c.p.goyal/-