1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Bajaj Allianz General Insurance Company Ltd. V/s. Smt. Urmila & Ors. (S.B. CIVIL MISC. APPEAL No.1178/2010) S.B. Civil Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 Date of Order :: May 07, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Virendra Agarwal for the appellant. The appellant has challenged the award dated 07.01.2010 passed by the Motor Accident Claims Tribunal (District Judge, Jhunjhunu) (hereinafter referred to as the “learned Tribunal”), whereby the learned Tribunal has awarded a compensation of Rs.6,59,500/- to the respondents-claimants. The learned counsel for the appellant has contended that the learned Tribunal has erred in assessing the income of the deceased as Rs.5,000/- per month. For, there is no evidence that the deceased was, in fact, earning the said amount. In fact, the learned Tribunal has disbelieved the certificate issued by the Sarpanch, Ishwar Singh (A.W.3), wherein he had certified that the deceased was earning Rs.8,000/- per month. Therefore, the very basis of assessing loss of income is unsustainable. 2 Heard, the learned counsel for the appellant and perused the impugned award. A bare perusal of the award clearly reveals that the learned Tribunal has held that considering the fact that according to the Minimum Wages Act, the minimum wages are Rs.3,000/-, therefore, taking the fact that the deceased was engaged in the business of dairy, Rs.5,000/- should be taken as his monthly income. Assessment of the income, in case of absence of any documentary evidence, has to be done on the basis of best judgment assessment. Therefore, the learned Tribunal was justified in taking the cue from the Minimum Wages Act. The logic of the learned Tribunal cannot be faulted as the learned Tribunal has clearly held that considering the fact that the minimum wages is Rs.3,000/-, considering the fact that the deceased was engaged in the business of dairy and was selling milk to Copper Khetri, the minimum income can reasonably be assessed to Rs.5,000/-. Therefore, this Court does not find any illegality and perversity in the conclusion drawn by the learned Tribunal on the point of income earned by the deceased. Hence, this appeal is devoid of any merit; it is, hereby, dismissed. (R.S.CHAUHAN)J. A.ASopa/-