Hon'ble SAPRE, J.—This is a misc. appeal filed by insurer (Insurance Company) of offending vehicle under Section 173 of Motor Vehicles Act, (for short hereinafter called "the Act") against an award dated 30.5.2007 passed by M.A.C.T., Nimbahera in Claim Case No. 122/2005. 2. By impugned award, the Tribunal partly allowed and claim petition of claimants filed under Section 166 of the Act and in consequence awarded to them a total sum of Rs. 3,15,000/- for the death of one "Ravindra Pratap Singh", who died in vehicular accident at the age of 19 years. 3. The only attack of appellant (Insurance Company) in this appeal is whether Tribunal was justified in determining the compensation payable to claimants amounting to Rs. 3,15,000/-. In other words, the challenge is to the quantum of compensation awarded by the Tribunal to claimants. According to appellant, it is an higher side and hence it should be reduced. 4. Heard. 5. Learned counsel for the appellant mainly averred one point. He submits that a deceased who was hardly of an age of 19 years, could not be held as earning Rs. 3,500/- from his shop. It is therefore, contended that monthly income assessed by the Tribunal of the deceased should be reduced. I do not agree to this submission for more than one reason. 6. In the first place, the finding of fact on his issue is neither perverse nor against the record of the case. Secondly, it is not unconscionable to the extent that no indicial man can ever record. Thirdly, it is based on evidence. Fourthly, the claimants have stated an oath that deceased was having his shop and that he was earning Rs. 100-150 per day from his shop. It is not something unnatural. Any one can earn Rs. 100-150 if he has a small grosary shop to sell small items. 7. In the light of foregoing reasoning which emerge from the record of the case and evidence adduced, I do not find any ground to hold that what is awarded by Tribunal is on higher side. It is just and reasonable. Indeed when a young boy of 19 years has lost his life then an award of Rs. 3,15,000/- for his death and that too based on evidence, cannot be said to be arbitrary or bonanza to claimants. 8.
It is just and reasonable. Indeed when a young boy of 19 years has lost his life then an award of Rs. 3,15,000/- for his death and that too based on evidence, cannot be said to be arbitrary or bonanza to claimants. 8. In view of foregoing discussion, the appeal succeeds is held to be devoid of any substance. It is dismissed. No costs.