[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 2296/2003 OM PRAKASH Vs. RAMESH CHAND & ORS. Date: 27.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Sunil Jain for Mr. Jai Prakash Gupta for the claimant/appellant. Mr. R.P. Vijay for the respondent No.3. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal') vide its impugned judgment/Award dated 01.07.2003 passed in Claim Petition No. 46/2001, whereby a sum of Rs. 1,45,819/- has been awarded as compensation in favour of the claimant/appellant. The ground taken for enhancement of compensation by the claimant/appellant is that the Tribunal while granting compensation has not considered this aspect that the appellant due to injuries has become permanent disabled and suffered permanent disability to the extent of 34.83%. Further the Tribunal has committed a gross illegality by assessing the income of the appellant as Rs. 21,600/- per annum. It is also [2] alleged that correct multiplier has not been applied by the Tribunal. Therefore, looking to the facts and circumstances of the case, the compensation required to be enhanced. I have heard rival submissions of the respective parties and carefully gone through the impugned Award dated 01.07.2003 passed by the Tribunal. The Tribunal while granting compensation has considered the income of the appellant on daily wages basis as the appellant failed to prove his income. So far as permanent disability is concerned, it is not disputed that the Tribunal has awarded a sum of Rs. 1,35,419/- under this head and looking to overall facts and circumstances of the case, total compensation to the tune of Rs. 1,45,819/- has been awarded by the Tribunal in favour of the claimant/appellant vide its impugned Award dated 01.07.2003, which is just and reasonable and the same requires no interference whatsoever by this Court as the appellant failed to make out any case of enhancement of compensation. Consequently, the civil misc. appeal fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/