IN THE HIGH COURT OF UTTARKHAND AT NAINITAL A.O. No. 499 of 2007 1. Roop Singh Bisht S/o Late Sohan Singh 2. Smt. Triveni W/o Sri Roop Basant Singh Both R/o Village & Post Piplinayak Tehsil Swar District Rampur (U.P.) ..... Appellants Vs. 1. Jaspal Singh S/o Sri Desha Singh R/o Shanti Sadan, Court Road, Kashipur At present R/o Kashi Vishwanath Steels Ltd. Bazpur Road, Tehsil Kashipur District Udham Singh Nagar. 2. National Insurance Company Ltd. Divisional Office – Nainital Road Haldwani, District Nainital .... Respondents Sri Mohd. Azim, learned counsel for the appellants. Sri Piyus Garg holding brief of Sri B.K. Gupta, learned counsel for the respondent No. 2. Hon’ble B.C. Kandpal, J. This appeal under Section 173 of Motor Vehicle Act has been filed by the appellants for enhancement of the compensation awarded by judgment and order dated 03.02.2007 passed by District Judge/M.A.C.T., Udham Singh Nagar in M.A.C.P. No. 165 of 2006, Roop Basant Singh & others Vs Jaspal Singh & others whereby the Tribunal has awarded a sum of Rs. 3,14,000/- against the National Insurance Company Ltd. 2. Brief facts of the case are that on 28.05.2006, Sri Param Singh was standing along with other persons at Kashipur-Bazpur Road near Sethi Petrol Pump. At about 10:30 p.m. truck bearing No. PB13F/3491, coming from Bazpur side, hit Param Singh due to which he sustained grievous injuries and succumbed to injuries. The said truck was being driven by its driver rashly and negligently. At the time of the accident, the deceased was aged about 23 years and used to earn Rs. 5,000/- per month by driving the Maruti Car of Sri Narendra Kaur. Therefore, the claimants filed claim petition before the Tribunal concerned for Rs. 10.00 lacs as compensation. 3. The owner as well as the Insurance Company contested the claim petition by filing their written submission. On the basis of the pleading of the parties, the Tribunal framed relevant issues, which were discussed in great detail. 4. After hearing learned counsel for the parties and perusing the entire material available before it, the Tribunal awarded a sum of Rs. 3,14,000/- as compensation in favour of the claimants vide judgment and order dated 03.02.2007. 5. Heard Mohd. Azim, learned counsel for the appellants, Sri Piyus Garg holding brief of B.K. Gupta, learned counsel for the Insurance Company and perused the record. 6. Learned counsel for the appellants has argued that the Tribunal did not consider this aspect that the deceased was doing the job of driving and was earning Rs. 4,000/- per month. In this way, the Tribunal has committed illegality while awarding the amount of compensation. 8. Perusal of the record, it has come to my notice that the claimants in order of support their case, produced Kulwant Singh (P.W.3) as Attorney on behalf of Sri Narendra Kaur who has stated in his affidavit that at the time of the accident Param Singh was earning Rs. 4,000/- per month but no documentary evidence was placed before the Tribunal which could show the actual monthly income of the deceased. Therefore, the Tribunal has assessed the income of the deceased Rs. 3,000/- per month and after deduction of 1/3rd towards then the annual expenses, it comes to Rs. 2,000/- per month, then the annual income of the deceased comes to Rs. 24,000/-. Further the Tribunal has taken the age of his parents for calculation of dependency, who are 43 yeas (mother) and 44 years (father) at the time of accident and adopted the multiplier of 13, then the amount of compensation comes to Rs. 3,12,000/-. The Tribunal further awarded a sum of Rs. 2,000/- towards funeral rites and then the total compensation comes to Rs. 3,14,000/-. I do not find any ground to interfere in the impugned judgment and award. The amount of compensation awarded by the Tribunal concerned is perfectly justified which cannot be interfered with at this stage. No other point has been raised by the learned counsel for the appellant. The appeal lacks merit and is liable to be dismissed. 9. Accordingly, the appeal is dismissed. No order as to costs. 10. The impugned judgment and award dated 03.02.2007 passed by District Judge/M.A.C.T., Udham Singh Nagar in M.A.C.P. No. 165 of 2006, Roop Basant Singh & others Vs Jaspal singh & others is hereby confirmed. (B.C. Kandpal, J.) 11.03.2008 ASWAL