1 S.B. Civil Misc. Appeal No.748/2008 Bhanwar Lal Suhalaka & Ors. vs. Anil Kumar Tak & Anr. S.B. Civil Misc. Appeal No.748/2008 Bhanwar Lal Suhalaka and others. vs. Anil Kumar Tak and another. Date : 16.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.D Menaria, for the appellants. Mr.A Kaushik, for the respondent. - - - - - Heard learned counsel for the parties. The appellants are aggrieved against the award dated 27.3.2008 by which according to the appellants, less compensation has been awarded on account of death of Yogesh Kumar who suffered accident on 25.12.2003 by vehicle no. RJ 36 G 0266 of which driver was Udai Bhan. According to learned counsel for the appellants, the appellants produced the salary certificate of deceased which are Exhibits-20, 22 and 25. Exhibit-20 is a certificate issued by Hanuman Singh Chandan Singh & Party and it is 2 S.B. Civil Misc. Appeal No.748/2008 Bhanwar Lal Suhalaka & Ors. vs. Anil Kumar Tak & Anr. dated 5.2.2006 and Exhibit-25 is also issued by the same party and it has been issued on 29.1.2006. From these documents, it is proved that the deceased was working with the said from 1.4.2001 to 31.3.2002 (as per Ex.20) and from 1.4.2002 to 31.3.2003 (as per Ex.25) and thereafter, he worked with Jaswant Singh & Party which is evidenced from certificate Ex.22 and he worked there till he died. At the time of death, the victim was getting Rs.6,000/- per month. These documents have not been believed by the Tribunal. According to learned counsel for the appellants, there was no reason to disbelieve these certificates which clearly prove the fact of employment of deceased. The age of the deceased was 32 years at the time of accident. The tribunal after considering the evidence of the claimants and perusal of above certificates, observed that from these certificates, the deceased' employment is not proved nor his salary stands proved. I perused the above documents and the evidence produced by the claimants. 3 S.B. Civil Misc. Appeal No.748/2008 Bhanwar Lal Suhalaka & Ors. vs. Anil Kumar Tak & Anr. Exhibits-20 and 25 were issued by the same firm with difference of date of few days only and Ex.22 is also issued on 11.1.2006. None of the said employer's had been produced by the claimants to prove the said fact. The deceased was 10th passed student only and in the claim petition, it has been alleged that he was earning Rs.8000/- and his last salary as per the certificate was Rs.6000/-. In view of the above, if the evidence has not been relied by the tribunal, the tribunal has not committed any error. Inspite of rejecting of the claimants' claim of income, the Tribunal assessed the income of deceased as Rs.2700/- per month and awarded total compensation of Rs.4,07,200/-. I do not find that the compensation awarded by the tribunal is low in any manner. Consequently this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya