JUDGMENT 1. - Instant civil miscellaneous appeal has been filed by the claimant-appellants for enhancement of the amount of compensation awarded by the Motor Accident Claim Tribunal, Sojat, MAC Case No. 149/1995 vide judgment and award dated 6.8.1999. 2. Brief facts of the case are that the appellant-claimants filed a claim petition before the Motor Accident Claim Tribunal, Sojat for compensation of T 8,36,000/ under various heads stating therein that in the accident occurred on 9.5.1995 when husband of claimant No. I late Mohan Singh was travelling in Tata Truck No. R)-20-G-1300 from Kachnariya Tehsil Hindaul (District Bundi) to Kekari, on the way, the said truck which was being driven by its driver Hussain Mohammed rashly and negligently dashed against the bridge and overturned and consequently, Mohan Singh sustained 'head injury and died on the spot. The truck driver Hussain Mohammed ran away. On 10.5.1995, an F.I.R. was registered against' the driver of the truck, in which after investigation challan was filed by the police. 3. In the above incident, deceased Mohan Singh died because he sustained injury upon his head. Thereafter, a claim petition was filed by the claimants against the registered owner of the truck in question, the driver and respondent insurance company for compensation of ? 8,36,000/-. According to the claimants, deceased Mohan Singh was 60 years of age and retired from the post of Compounder/stockman in the Animal Husbandry Department and after his retirement, he was attending animals and getting Z 100/- per day. 4. The Claim Tribunal after considering entire facts of the case passed an award of T 85,000/- in favour of the claimants alongwith 12% interest from the date 4.8.1995. The appellant-claimants have however preferred this appeal seeking enhancement of the amount of compensation. 5. Learned counsel for the appellant submits that admittedly the late Mohan Singh was retired Stockman of the Anima Husbandry Department and he was about 60 years of age, therefore, the Claim Tribunal ought to have granted compensation by applying multiplier of 8 as per the Schedule-11 appended to the Motor Vehicles Act, 1988. Learned Tribunal awarded claim by giving multiplier of 5 only, that too, while determining the income of Rs. 50/- per day whereas the deceased was expert Stockman and earning Rs. 100/- per day; but, this aspect of the matter has been rejected by the Claim Tribunal on erroneous reasons. 6. Learned Tribunal awarded claim by giving multiplier of 5 only, that too, while determining the income of Rs. 50/- per day whereas the deceased was expert Stockman and earning Rs. 100/- per day; but, this aspect of the matter has been rejected by the Claim Tribunal on erroneous reasons. 6. According to learned counsel for the appellant, compensation which is awarded while determining income of T 50/- only may be enhanced and compensation may be granted while treating income of late Mohan Singh as Rs. 100/- per day and applying the multiplier of 8 because late Mohan Singh was 60 years of age and it has not been proved by the respondents that he was more than 60 years of age. Learned counsel for the appellant further submits that for death of human being in accident, only Rs. 85,000/- have been awarded by the Claim Tribunal as compensation which is very meager amount, therefore, the compensation may be enhanced suitably. 7. Per contra, learned counsel for the insurance company vehemently argued that no documentary evidence is produced or record that deceased has not completed 60 years of age, therefore, the Claim Tribunal applied multiplier of 5 only in which there is no illegality. Further, it is submitted that income of the .deceased as Rs. 50/- per day has rightly been determined by the Claim Tribunal because no documentary evidence is produced on record to prove the fact that the deceased was earning more than Rs. 100/- per day. Therefore, the award is perfectly in consonance with law and this appeal deserves to be dismissed. 8. After hearing learned counsel for the parties, I have carefully considered the submissions made by learned counsel appearing for both the sides. 9. It is true that there is no evidence on record. to prove the fact that late Mohan Singh was more than 60 years of age, therefore, at the time of deciding the claim the Claim Tribunal ought to have considered the fact that as per the Schedule-11 appended to the Motor Vehicles Act, 1988 multiplier of 8 is to be applied. But, in this case, without considering the material aspect of the matter that the respondents have not proved by cogent evidence that late Mohan Singh was more than 60 years of age the Claim Tribunal illegally denied multiplier of 8. But, in this case, without considering the material aspect of the matter that the respondents have not proved by cogent evidence that late Mohan Singh was more than 60 years of age the Claim Tribunal illegally denied multiplier of 8. Therefore, the appellants are entitled for enhancement of compensation under the head 'loss of income' while giving multiplier of 8 from Rs. 60,000/- to Rs. 96,000/-. 10. With regard to the claim of the appellants for granting compensation on the basis of assessment of income of the deceased as 7 100/- per day this Court is not inclined to accept the contention of learned counsel for the appellants because late Mohan Singh was retired employee and he was performing work of Stockman at the age of 60 for the animals and not produced any evidence of income of Rs. 100/- per day, therefore, 7 50/- per day income has rightly been determined by the Claim Tribunal for the purpose of assessment of the compensation. However, under the head of 'loss of love and affection' is also not proper which is passed for claimants wife and two minor daughter, therefore, in the opinion of this Court the amount of Rs. 25,000/- awarded to widow and two daughters of late Mohan Singh under the said head deserves to be enhanced to Rs. 50,000/-. 11. In view of above, this appeal is partly allowed. The compensation awarded by the Claim Tribunal under the head of "loss of income" is enhanced from Rs. 60,000/- to Rs. 96,000/- while applying multiplier of 8 and further, the amount awarded under the head "loss of love and affection" is enhanced from Rs. 25,000/- to 7 50,000/-. Consequently, the claimant-appellants are entitled to receive compensation of Rs. 1,46,000/- instead of Rs. 85,000/-. Accordingly, the appellants will be entitled to interest at the rate of 12% upon the enhanced amount with effect from the date of filing claim petition before the Claim Tribunal. The compensation shall be paid to the appellants within a period of two months from the date of receiving certificate copy of this judgment.Appeal partly allowed. *******