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2012 DIGILAW 475 (RAJ)

Dalip v. Balwan

2012-02-17

BELA M.TRIVEDI

body2012
TRIVEDI, J.—The appellants-claimants have preferred the present appeal under section 173 of Motor Vehicles Act, 1988 seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (Fast Track), Behror, District Alwar in Claim Petition No.162 of 2009,whereby the Tribunal has awarded compensation to the tune of Rs.1,83,229/- with interest at the rate of 6% per annum for the death of the deceased Ratiram. 2. It is the case of the appellants-claimants that Ratiram was the father of the appellants died in the accident caused due to the use of the vehicle being Motor Cycle No.RJ-02 SH-4476 on 8.7.2008. The Tribunal considering the evidence on record has awarded the compensation, which has been sought to be enhanced by the appellants. 3. It has been sought to be submitted by learned counsel for the appellant that the Tribunal has not properly appreciated the evidence as regards the income of the deceased. According to him, the deceased was aged about 65 years and not 75 years and his income was also more than Rs.3,000/- per month, however, the Tribunal has awarded meagre sum of compensation for his death. 4. There is no substance in any of the submissions made by learned counsel for the appellants, inasmuch as the appellants had not produced any evidence as regard the age and income of the deceased. The Tribunal considering the age of the deceased as 75 as mentioned in the post-mortem report has taken the said age to be the age of the deceased. In absence of any evidence as regards the income of the deceased, the Tribunal has rightly taken the income of the deceased as Rs. 3,000/- per month and after applying multiplier of 5, awarded the compensation which is just and proper. There being no perversity and illegality in the award made by the Tribunal, the same does not deserve any interference of this Court. The appeal being devoid of merit deserves to be dismissed and is accordingly dismissed.