1 S.B. Civil Misc. Appeal No.1763/2007 National Insurance Co. Ltd. vs. Isharo & Ors. S.B. Civil Misc. Appeal No.1763/2007 National Insurance Company Ltd. vs. Isharo & Ors. Date : 11.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeev Johari, for the appellant. Mr.GJ Gupta ) for the respondents. Mr.JS Khichi ) - - - - - Heard learned counsel for the parties. This appeal has been preferred by the appellant being aggrieved against the judgment and award dated 28.3.2007 passed by the Motor Accident Claims Tribunal, Hanumangarh in MACT Case No.168/2005. So far as the death of victim because of the accident caused by Truck No.RJ 13G-0805 which was being driven by respondent Rajkaran is concerned, there is no dispute. Respondent Gurcharan Lal is the owner of the vehicle in question. The tribunal awarded the compensation by assessing income of the deceased at the rate of Rs.3,000/- per month and deducted 1/3rd of the said income which obviously would be the expenses by 2 S.B. Civil Misc. Appeal No.1763/2007 National Insurance Co. Ltd. vs. Isharo & Ors. the deceased on himself. The deceased was of the age of 45 years and this finding cannot be disputed in view of the documentary evidence as well as in view of the age of the wife of deceased. Learned counsel for the appellant submitted that the multiplier has wrongly been applied as 15 in place of 13. Learned counsel for the respondents/claimants submitted that there will be no material effect because of the reason that the tribunal has assessed low monthly income of the deceased. The deceased was working and was getting more than Rs.3000/- per month. I considered the submissions of learned counsel for the parties and perused the reasons given in the impugned award as well as the record. So far as the age of the deceased is concerned, now it cannot be disputed and the Tribunal rightly held that the deceased was aged 45 years. There is sufficient material available on the record in support of this fact. Learned counsel for the respondents/claimants submitted that the claimants are illiterate persons and 3 S.B. Civil Misc. Appeal No.1763/2007 National Insurance Co. Ltd. vs. Isharo & Ors. they may not have the trustworthy record to prove the exact age of the deceased. That may be true but the other evidence available on the record can suggest that the tribunal has correctly arrived at this finding and, therefore, there is no reason to upset this finding on the plea of the respondents in the appeal of the insurance company. In view of the above, the multiplier of 13 is required to be applied and the compensation then would come to Rs.3,12,000/- in place of Rs.3,60,000/-. In view of the above reasons, this appeal is partly allowed, the amount of compensation is decreased to Rs.3,12,000/- in place of Rs.3,60,000/-. Rest of the award is maintained. (PRAKASH TATIA), J. S.Phophaliya