Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 491 (RAJ)

Vimal v. Meera Devi

2012-02-21

BELA M.TRIVEDI

body2012
TRIVEDI, J.—The appellants-claimants have preferred the present appeal seeking enhancement in the compensation awarded by the Judge, Motor Accident Claims Tribunal,(Special Judge Dacoity Affected Area) Bharatpur in Claim Case No.268 of 2009, whereby the Tribunal has awarded compensation to the tune of Rs.4,86,000/- with interest at the rate of 6% per annum for the death of Shri Jitendra who died in the accident in question. 2. It has been submitted by learned counsel Mr. Rajive Sharma for the appellants-claimants that the Tribunal has not properly appreciated the evidence adduced by the claimants to prove the income of the deceased at the time of death. According to learned counsel,the multiplier applied by the Tribunal is also wrong and the compensation awarded is too meagre, which requires to be enhanced. 3. Having regard to the submissions of the learned counsel for the appellants and to the impugned award, it transpires that the Tribunal has taken the income of the deceased at Rs.3,000/- per month as the claimants have failed to produce the evidence of income of the deceased. The Tribunal has, after deducting 1/4th from the said income has applied the multiplier of 17 considering the age of the deceased to be 26 years. The Tribunal, after considering the evidence on record, has awarded the just compensation to the claimants to the tune of Rs. 4,86,000/- which does not call for any interference of this Court. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.