1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.1137 of 2000. Smt. Sunita wife of Shri Jugal Kishore Jangid & Others VERSUS Chandrabhan son of Shri Kanhi Ram and Others Date of Order :::: 11/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Vipul Jaiman and Mr. S.S. Sunda, Counsel for the claimant-appellants Mr. Gaurav Jain, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties and perused the record as well as the award of the learned Tribunal. This miscellaneous appeal has been preferred by the claimants for enhancement of the award of the learned Motor Accident Claims Tribunal (District Judge), Jhunjhunu in Motor Accident Claim Case No.82 of 1999, whereby the learned Tribunal has awarded a sum of Rs.5,60,000/- for the death of Jugal Kishore Jangid, the husband of the appellant No.1 (Smt. Sunita). 2 Learned counsel for the claimant-appellants contended that there was evidence on record in the form of Exhibit-19, the Certificate issued by the employer - M/s. Shekhawati Handicrafts & Art Palace, Jhunjhunu, wherein the employer has clearly stated that he was paying to the deceased Jugal Kishore Jangid a monthly salary of Rs.10,000/-, which has not been relied upon. Learned counsel further submits that the learned Tribunal has committed serious error of law in not believing the same and arbitrarily fixing the income of the deceased as Rs.2500/- per month. Learned counsel for the respondents, on the otherhand, drew the attention of the Court to the findings given in Para No.13 of the award passed by the learned Tribunal, more particularly with reference to Exhibit-19 (certificate). I have considered the submissions of the learned counsel for the parties and perused the record as well as the award of the learned Tribunal and the statements of the witnesses, which were supplied by the learned counsel for the claimant-appellants. A perusal of the findings given by the learned Tribunal and the statement of PW-4 Vinod Kumar, the employer, who has issued the Certificate Exhibit-19, in my view the said findings do not call for any interference. 3 As per the averments made in the claim petition and the evidence led by the claimants the deceased was working as a Supervisor in the aforesaid Handicrafts factory, which manufactured wooden items and furniture. In his statement AW-4 has clarified that no income tax was deducted from the salary of the deceased. It was stated by the said witnesses that they maintained books of accounts, but no such books of accounts were produced before the learned Tribunal in evidence. No supporting evidence of any voucher or receipt with regard to the alleged payment of salary bearing the signature of the deceased have been produced. The deceased admittedly was only educated upto the 5th standard and had left the school way back on 05.05.1983, as per transfer certificate, which is available on record issued by the Senior Higher Secondary School, Baggar, District Jhunjhunu. In the facts and circumstances of the present case, therefore, the total dependency of the family of the deceased (claimant) has been assessed as Rs.2500/- per month. Though, no separate figure has been arrived at with regard to the income of the deceased, but it can safely be presumed that 1/3rd of the amount was deducted towards his personal expenses. In that view of the matter taking the monthly contribution towards the family as Rs.2500/- and using the 4 multiplier of 18, which is applicable in the case of a person in between the age group of 25-30 years, since the age of the deceased was 29-years, the learned Tribunal has not committed any error in computing the amount of compensation on account of loss of earning, therefore, the awarded amount of Rs.5,60,000/- in the facts and circumstances of the present case appears to be just and reasonable. In the facts and circumstances of the present case, I do not find any infirmity in the award passed by the learned Tribunal. Consequently, the miscellaneous appeal stands dismissed. (Dalip Singh), J. ashok/