1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.602/2000 (RSRTC Jaipur Vs. Roshan Khan and ors.) Date of Judgment : 30-4-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.G.S.Brijwasi,for the appellants. Mr.V.S.Chauhan, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of RSRTC for quashing of judgment & Award passed by learned Motor Accident Claims Tribunal, Hindaun city dated 19.11.1999 whereby a sum of Rs.4,70,000/- was awarded by way of compensation to the dependents of deceased Shahjad Khan. 3. Learned counsel for the appellant submits that the amount awarded is excessive and deserves to be scaled down. It is further submitted that the deceased who was driver of motor cycle was in habit of drinking and hence he also contributed in the accident. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned 2 Tribunal has taken into consideration evidence adduced during inquiry and has awarded compensation and calls for no interference. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of death, deceased Shahjad Khan was about 22 years of age and was mechanic and, as such, loss of income has been taken to be Rs.5,000/- in view of dependency of deceased and the amount has been awarded by adopting appropriate multiplier. Likewise, amount for loss of consortium, love and affection and funeral expenses has also been awarded. In view of loss of dependency, amount does not seem to be excessive and hence there is no basis to scale down the quantum. As regards the challenge on the point that the driver had contributed in the accident as he was in drunken state, it may be observed that no such issue had been framed and no evidence on the point has been led, therefore, there is no basis to interfere in the award passed by the Tribunal. 6. Accordingly, appeal of the appellant is 3 dismissed with no order as to costs. (GUMAN SINGH),J. Sandeep/- item no.37