-1- C.M.A. 650/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.650 of 2010. Gulab Devi wife of late Shri Kamlesh Kumawat & Others VERSUS Mohan Lal Saini son of Shri Chunni Lal and Others Date of Judgment :::: 16/08/2010 Hon'ble Mr.Justice Dalip Singh Shri J.R. Chaudhary, Counsel for the appellants *** Heard learned counsel for the appellants. Perused the award passed by the learned Tribunal. It is an appeal filed by the claimants on account of being dissatisfied by the claim allowed by the learned Tribunal to the extent of Rs.6.64 lacs on account of the death of the deceased. Submission of the learned counsel for the appellants is that the learned Tribunal has erred in deducting an amount of 1/3rd of the income towards personal expenses whereas as per judgment of the Hon'ble Supreme Court in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009 (2) ACCD 924 (SC) a deduction of only 1/4th ought to have been made. So far as the aforesaid submission of the learned counsel for the appellants is concerned, suffice it to say that the learned Tribunal has computed the income of the deceased as Rs.150/- per day on notional basis without definite proof of income -2- C.M.A. 650/2010 and the monthly income as Rs.4500/-. Though it has not accepted the certificate of income which was sought to be produced by the claimants. In Laxmi Devi and Others Vs. Mohammad Tabbar and Another, reported in 2008 A.C.J. 1488 their Lordships held that the in such like cases it would be safe to hold that the deceased was having income of Rs.100/- per day and determined the compensation accordingly on the basis of Rs.36,000/- as annual income. In the facts and circumstances of the case, since the learned Tribunal has taken the income of the deceased as Rs.150/- per day as against Rs.100/- per day as laid down by the Hon'ble Supreme Court in the case of Laxmi Devi (Supra), I am not inclined to interfere as it cannot be said that the total amount of compensation of Rs.6.64.300 lacs is unjust or inadequate so as to call for any interference in the appeal as if deduction of 1/4th is to be made then the income would also be required to be reduced to Rs.3000/- p.m. in place of Rs.4500/- p.m. The miscellaneous appeal fails and is accordingly, dismissed summarily. (Dalip Singh),J. Ashok/