SBCMA NO.1554/08. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Pramod Goyal Vs. Bal Kishan Goyal S.B. CIVIL MISC.APPEAL NO.1554/2008. Date of order : 16/04/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri K.N. Tiwari for the appellant. ****** BY THE COURT:- Heard learned counsel for the appellant. This appeal has been filed at the instance of the appellant whose age at the time of accident was 26 years and he sustained fracture of knee bone and whose disability was assessed at Rs.13.33%. Learned counsel for the appellant has argued that the learned Tribunal has erred in law in not accepting the income of the appellant at Rs.7000/- per month whereas appellant had categorically asserted that apart from his monthly income of Rs.3,000/- from employment in a shop, he is earning Rs.4,000/- per month from other sources. Learned counsel submitted that the appellant had to remain confined to bed for six months and that the amount of Rs.18,000/- awarded by the Tribunal for loss of income on that count is too little to be justified. It is argued that on other heads also such as treatment, nutritious food and transportation etc., the Tribunal has awarded inadequate amount of SBCMA NO.1554/08. 2 compensation. Having heard learned counsel for the appellant and perused the impugned-award, I find that the Tribunal on the basis of the evidence produced by the appellant found that no proof whatsoever of income of Rs.4,000/- from other sources has been produced by the appellant though the Tribunal accepted the claim of the appellant of earning Rs.3,000/- per month from the private service of M/s.Banwala James. During the course of arguments also, learned counsel for the appellant could not show to the court as to how and in what manner the appellant was earning Rs.4,000/- per month from other sources. The Tribunal has awarded Rs.18,000/- for loss of earning and also a sum of Rs.5,000/- towards nutritious food, care, transportation and treatment. The Tribunal on the basis of the age of 26 years of the appellant, proportionately arrived at quantum of compenstion at Rs.60,000/-. Thus, total a sum of Rs.98,000/- as compensation was awarded by the Tribunal. I do not find any error in the award of the Tribunal. The appeal is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil/-