[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 241/1998 SMT. KALAWATI & ORS. Vs. SAHIB SINGH & ANR. Date: 01/04/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Rakesh Bhargava for the claimants/appellants. Mr. Rajpal Choudhary and Mrs. Rani Bhandari for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the Award dated 11.03.1997 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (for short 'the Tribunal') in MACT Case No. 99/1994, whereby a sum of Rs. 6,60,000/- has been awarded as compensation in favour of the claimants/appellants. Brief facts of the present appeal are that on 15.10.1993 Madan Lal, Wilfarad, Ram Kumar and Boby were coming from Delhi in car bearing No. DAC-7945. At about 9.00 p.m., a truck bearing No. HR-29-1094 driven rashly and negligently by its driver, came from the opposite side and after coming on wrong side dashed with the said car, as a result of this accident Madan Lal died and all the occupants of the car received injuries. A case under Section 279, 338 and 304-A IPC was [2] registered against the truck driver and after investigation, charge-sheet was filed against the truck driver. The impugned Award dated 11.03.1997 has been challenged by the claimant/appellant for enhancement of compensation on the ground that looking to the age and income of the deceased, the Tribunal has not awarded just and reasonable compensation. It is further submitted that the deceased Madan lal was getting a salary of Rs. 10,000/-, free house accommodation, medical expenses, leave travelling allowance, petrol expenses and bonus etc. at the time of death, but looking to the income of the deceased, dependency assessed by the Tribunal is on lower side and the same required to be enhanced. It is also alleged that the Tribunal has not considered this aspect that the deceased was in demand from various five star hotels and there was certainty of increased income but the Tribunal while awarding compensation has not considered the future prospectus and awarded an inadequate amount of Rs. 6,60,000/- which required to be enhanced. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned Award dated 11.03.1997 passed by the Tribunal. The Tribunal while passing the impugned Award, has considered each and every aspect [3] including the income and age of the deceased and considering all the facts and circumstances of the case, awarded a compensation to the tune of Rs. 6,60,000/- in favour of the claimants/ appellants, which cannot said to be unjust and unreasonable. No case of interference is made out as the appellants utterly failed to make out any case of enhancement of compensation and the impugned Award dated 11.03.1997 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur requires no interference as this Court do not find any illegality or error in the impugned Award. Consequently, the misc. appeal fails being devoid of merit and the same is dismissed. (K.S. RATHORE)J. /KKC/