[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. CIVIL MISC. APPEAL NO. 218/2004 SMT. ROOPAN BAI & ORS. Vs. PAPPU LAL & ORS. Date: 13.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Vizzy Agarwal for the claimants-appellants. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is filed by the claimants-appellants for enhancement of compensation awarded vide judgment dated 15.10.2003 passed by the Motor Accident Claims Tribunal, Laxmangarh, District Alwar (for short 'the Tribunal') in Claim Petition No. 44/2003, by which the respondent Nos. 1 to 4 have been held liable jointly and severally to pay a compensation to the tune of Rs. 4,42,000/- to the claimants-appellants along with interest @ 9% p.a. from the date of institution of the claim petition i.e. 03.07.2003 till the date of payment. With regard to enhancement of compensation, learned counsel for the appellants submits that the Tribunal while computing the compensation, wrongly arrived at a conclusion that the income of the deceased was 3,000/- per month, whereas the deceased was earning Rs. 15,000/- per [2] month by selling vegetables, milk and fruits etc. Further the Tribunal has overlooked the fact that the deceased had two minor children; a son aged 4 years and a daughter aged 1-1/2 years and wife of the deceased aged only 24 years. He further submits that at the time of accident the deceased was 28 years of age and looking to the age and the other facts and circumstances of the case, the compensation awarded in favour of the appellants to the tune of Rs. 4,42,000/- is unjust and unreasonable and the same required to be enhanced. I have heard learned counsel for the appellant and carefully gone through the impugned Award dated 15.10.2003 passed by the Tribunal. The Tribunal after due consideration of age and income of the deceased, has awarded a compensation in favour of the appellants to the tune of Rs. 4,42,000/- as the appellants utterly failed to prove the income of the deceased by selling milk, vegetables, fruits etc. and rightly arrived at a conclusion that the deceased was earning Rs. 3,000/- per month and considering the age of deceased as the deceased was 28 years of age at the time of death, rightly applied the multiplier of 18 and accordingly awarded a compensation to the tune of Rs. 4,42,000/- which is just and reasonable and requires no interference [3] as the appellants failed to make out any case of enhancement. Consequently, the present civil misc. appeal seeking enhancement of compensation, fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/