IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Ganpat Lal Menaria & Another Versus Smt. Chosar Devi & Others (S.B. Civil Misc. Appeal No.16/2010) DATE OF JUDGMENT : November 12, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Deepak Menaria for the appellants. BY THE COURT : In this civil miscellaneous appeal, the appellants have prayed for quashing award dated 16.12.2008 passed in MAC Case No.105/2008 by learned Judge, Motor Accident Claims Tribunal, Udaipur (Addl. District Judge (Fast Track) No.4, Udaipur) and prayed that compensation may be increased to the actual amount claimed by the appellants. The learned Tribunal while passing the impugned award allowed sum of Rs.2,37,400/- as compensation along with interest at the rate of 9% from the date of filing claim petition. Appellants are husband and son of deceased Smt. Hudi (Sudi) who died in an accident which took place on 17.09.2006 when she was travelling in bus No.RJ-27/P/2396 of M.M. Travels and going from her village Menar to Pushkar. The accident took place on the high-way near village Morchana. As per the finding of the learned Tribunal, age of deceased Smt. Hudi was 42 years on the date of death and she was house-wife, therefore, the learned Tribunal determined her earnings as Rs.70/- per day and, in total, Rs.2,100/- per month, out of which, one-third amount was deducted towards amount spent on herself and, thus, assessed dependency of Rs.14,00/- per month and granted compensation while applying multiplier of 13. In all, amount of Rs.2,18,400/- was awarded by the learned Tribunal to the claimants under the head of compensation and Rs.2,000/- each towards expenses of cremation and for transportation of body to the village; and, further allowed Rs.10,000/- to the husband and Rs.5,000/- to the son, for loss of love and affection. The Tribunal granted total amount of Rs.2,37,400/- to the claimants. The learned Tribunal after considering the entire evidence including the evidence of documents Ex.-112 and Ex.-113, documents of agricultural land in the name of appellant himself and Ex.-115, record of selling milk in the name of appellant Ganpat Lal, held that these documents are not related to the deceased, therefore, she was house- wife and documents which are in the name of appellant himself cannot be considered as evidence of income of deceased Smt. Hudi. In my opinion, the finding arrived at by the learned Tribunal for granting compensation is based upon sound reasons and arrived at after due application of mind. Therefore, it is not a fit case in which further enhancement of compensation is required. In this view of the matter, there is no force in this appeal. Consequently, this miscellaneous appeal is hereby dismissed. (Gopal Krishan Vyas) J. 2