IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.CIVIL MI SC. APPEAL No.1260/ 2000 Smt.Savita & Ors. vs. Ranveer Singh & Ors. 12.08.2009 HON'BLE MR. JUSTI CE G.S. SARRAF Mr.K.N. Tiwari, for the appellants. Mr.Ashish Sharma on behalf of Mr.Satyendra Sharma, for respondent no.3. * * * The claimants appellants have filed this appeal against the award dated 19.5.1998 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in motor accident claim case no.1010/ 1995. It is not necessary to narrate the facts of the case as the short controversy is that whether the compensation awarded by the Tribunal in this case is fair and reasonable? The deceased Kirti Swami met with an accident on 17.7.95 in consequence of which he died. Learned Tribunal has passed an award of Rs.2,23,000/ - . Heard learned counsels for the parties. Learned counsel for the claimants appellants has submitted that learned Tribunal has assessed the income of the deceased as Rs.1500/ - per month whereas the evidence is that he was earning Rs.4,000/ - per month. He has, therefore, prayed that the compensation amount be enhanced suitably. Learned counsel for the respondent no.3 has opposed. Savita AW.1 who is the wife of the deceased has stated that her husband used to give to her Rs.4,000/ - per month. She has stated in her cross-examination वो अपने कारोबार का Ǒहसाब रखते थे | यहा पेश नहȣं Ǒकया है | Ghanshyam Swami AW.2 and Jugal Kishore AW.4 are not the witnesses who had direct knowledge of the income of the deceased. Jugal Kishore AW.4 states that the deceased was earning Rs.3000/ - per month and soon after he says that he was earning Rs.4000/ - per month. There is no documentary evidence regarding the income of the deceased. Considering the evidence available on the record and all aspects of the matter the Tribunal has arrived at the conclusion that the income of the deceased was Rs.1500/ - per month. I do not think that the assessment arrived at by learned Tribunal is illegal, arbitrary or against the evidence available on the record. In such a situation I am not inclined to take a different view in the matter than taken by learned Tribunal. Learned Tribunal after deducting Rs.500/ - per month on account of personal expenses of the deceased has assessed the dependency as Rs.1000X12X17= Rs.2,04,000/ - and after adding Rs.19000/ - on various counts has passed a total award of Rs.2,23,000/ -. I am of the opinion that the amount of compensation awarded by learned Tribunal is fair and reasonable. Consequently, the appeal stands dismissed. ( G.S. SARRAF) , J.