1 IN THE HIGH COURT OF JUDICATURE FOR RAJ AT JAIPUR BENCH, JAIPUR. JUDGMENT S.B. CIVIL MISC. APPEAL NO.332/99 SMT. RAMGIRI AND OTHERS VS. SUNDARAM AND OTHERS DATE OF JUDGMENT;- APRIL 8, 2008, P R E S E N T HON'BLE MR. JUSTICE GUMAN SINGH Mr. Sandeep Mathur for the appellants Mr. Shyam Prakash, Ms. Sunita Pareek on behalf of Ms. Chitra Goel for the respondents BY THE COURT (ORAL) Heard. 2. This appeal has been preferred by the claimants appellants of deceased Hari Ram for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal,(for short 'the Tribunal')Kotputli, district Jaipur, dated 24.2.1998, in Claim Case No. 622/93, whereby a sum of Rs. 2 2,56,000/- was awarded as compensation. 3. On 24.7.1991 , the deceased Hari Ram and Giriraj Prasad were coming in Jeep No. RJ 14 C03381 to Jaipur and the driver of the jeep lost his balance and the jeep over turned causing death of the deceased Hari Ram and Giriraj. 4. Learned counsel for the appellants has argued that the learned Tribunal has erred in assessing the income of the deceased Hari Ram as he was earning Rs.6000/-p.m. by running a 'dhaba' (canteen) at Police lines , Narnaul, but his income was assessed to be Rs. 15,000/- p.a. by the learned Tribunal. 5. Per contra, learned counsel for the respondents , supported the judgment of the learned Tribunal and contended that the learned Tribunal has awarded adequate compensation after considering the evidence produced on the record during the inquiry and the award does not call for any interference. 3 6. In view of the rival contentions , on perusal of the award as well as the record of the case, it is revealed that at the time of death, the deceased Hari Ram was found to be of 35 years of age and he was running a dhaba/canteen near Police Lines at Narnole. 7. As regards the income of deceased Hari Ram, (A.W. 1) his wife Ramgiri, (A.W.2) Kailash and (A.W.3) Ashok Kumar have been examined and they have deposed that Hari Ram was earning Rs. 6,000/- p.m. But no documentary evidence has been produced in support of their evidence. The learned Tribunal has assessed the income of deceased Hari Ram as Rs. 15,000/- p.a. but in view of the evidence led and there being nothing to controvert the same , the income of the deceased can be assessed to be Rs. 2700/- p.m. and after deducting 1/3rd as against his own expenses, the monthly income comes out 4 to be Rs. 1800 p.m. and on applying the multiplier of 17, the total income comes to be Rs.3,67,200 + Rs. 35,000/- already awarded on other heads by the learned Tribunal, the total amount comes to Rs. 4,02,200/-. 8. Accordingly, the award is modified and the amount of compensation is enhanced from Rs. 2,56,000/- to Rs. 4,02,200/- with interest at the rate of 6% from the date of appeal i.e. 26.5.98, and the same shall be payable within three months from the date of this order and failure to do so, the amount shall entail interest at the rate of 9% p.a. from the date of appeal. 9. The appeal is disposed of accordingly. (Guman Singh)J. 5