In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 1663 of 2009 (O&M) Date of decision: July 24, 2009 Reliance General Insurance Company Limited .. Appellant Vs. Ramkala and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. P.M. Goyal, Advocate for the appellant. Mr. Arun Yadav, Advocate for the respondents. A.N. Jindal, J Appellant-respondent No.2 has preferred this appeal for setting aside the award dated 22.1.2009 passed by the Motor Accident Claims Tribunal, Rewari. Learned counsel for the appellant has contended that though the deceased was drawing Rs.16000/- per month, but the deduction as laid down in the various judgments should have been 1/3rd and not 1/4th as applied by the Tribunal while calculating the award. Secondly, the owner/driver respondent No.1 did not put in appearance and produce the driving licence therefore, the company should not be held liable. Arguments heard. Record perused. The deceased was 56 years old having a wife and two major sons. Out of them, one son namely Naresh Kumar aged about 25 years is 100% disabled which needed lot of medical care and attendance, food and cloths, therefore, the Tribunal was right in holding that the deceased must be contributing about 3/4th of his income towards his old wife and crippled son. As such, deduction to the extent of 1/4th was not abnormal. Secondly, the onus to prove that the respondent No.1 was not holding a valid driving licence was upon the respondent No.2 but no officer or official of the appellant company stepped into the witness box to say that the respondent No.1 was not holding a valid driving licence, as such, the Tribunal was right in deciding issue No.3 against he respondent company. Resultantly, finding no merits in the appeal the same is dismissed. July 24, 2009 (A.N. Jindal) deepak Judge