1 S.B.CIVIL MISC. APPEAL NO.1488/2001. Smt.Banarasi & Ors. VS Sanjay Kumar & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1488/2001. Smt.Banarasi and Others. VERSUS Sanjay Kumar and Another. 10.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rakesh Bhargava, for the appellants. Mrs.Rani Bhandari on behalf of Mr.A.K.Pareek, for the respondent No.2. ***** Heard learned counsel for the parties. Perused the award as well as the record of the learned Tribunal. This appeal has been preferred by the claimants widow, children and the mother of the deceased Leelaram died in a road accident on 04.07.1999. Leelaram at the time of his death was reportedly earning by selling milk and carrying on the business of agriculture. The claimants claimed that the deceased was used to give the claimants an amount of Rs.5,000/- per month. The age of the deceased, as per the finding of the learned Tribunal, was about 55 years. The learned Tribunal did not accept the assertion of the claimants that the deceased was used to pay to the family an amount of Rs.5,000/- and instead computed the earnings of the deceased as Rs.2,400/- per month and having deducted 1/3rd amount for personal expenses assessed the annual dependency as 2 S.B.CIVIL MISC. APPEAL NO.1488/2001. Smt.Banarasi & Ors. VS Sanjay Kumar & Anr. Rs.19,200/-. Taking the principles laid down under Section 163-A and the second Schedule of the Motor Vehicles Act, 1988 into account and the age of the deceased as 30 to 35, the multiplier of 17 was adopted. Accordingly, the compensation on account of loss of earning was assessed as Rs.3,26,400/-. Learned counsel for the appellant has relied upon a decision of this court in the case of Saroj Devi (Smt.) and Others Vs. Pramod Kumar and Another reported in MACD 2009 (2) (Raj.) 419 wherein this court in the case of a milk-vendor held that the deceased by selling milk could not have been earning less than Rs.100/- per day. Since, this court in somewhat identical circumstances has taken the view in the above noted case of the deceased having earning of Rs.100/- per day by selling milk I find no reason to take a different view. It has come in the evidence in the present case that the deceased was possession about ten buffaloes and was selling approximately 60 Kgs of milk. Even if that earning is on the higher side, the view taken by this court about the earning of the deceased as Rs.100/- per day could be adopted in the facts and circumstances of the present case. In view of the above, the income of the deceased is held to be Rs.3,000/- per month and on the basis of the above, after deducting 1/3rd amount towards personal expenses, the dependency of the family is assessed as Rs.2,000/- per month which amounts of 3 S.B.CIVIL MISC. APPEAL NO.1488/2001. Smt.Banarasi & Ors. VS Sanjay Kumar & Anr. Rs.24,000/- annually. Since the age of the deceased has already been held to be between 30 to 35 years by the learned Tribunal, the multiplier of 17, as adopted by the learned Tribunal, is applied in the facts and circumstances of the present case. The compensation amount, therefore, on account of loss of earning to the family of the deceased comes to Rs.24,000/- X 17 = Rs.4,08,000/-. The compensation amount under this head of Rs.3,26,400/- has already been paid and as such the appellants are entitled to the balance amount of Rs.81,600/-. On the aforesaid amount, the appellants would be entitled to the interest @ 6% w.e.f. the date of filing of the appeal i.e. 24.05.2001 till the date of realization. This amount shall be paid by means of a demand draft in favour of the claimants before the learned Tribunal. Consequently, this appeal stands disposed of. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.