JUDGMENT Pushpendra Singh Bhati, J. - With the consent of learned counsel for the parties, the matter is finally heard. 2. Appellant / owner has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 claiming the following relief:- "It is, therefore, prayed that this appeal may kindly be allowed, the impugned judgment and award be set aside and the claim application be rejected with costs. Such further orders as may be deemed fit and necessary in the facts and circumstances of the case may kindly be passed." 3. An unfortunate accident had happened on 15/16.04.1987 at midnight when deceased Rupa Ram was going on his camel cart from Kolayat to Ranjeetpura and was hit by a Truck bearing registration No.RRF-971 being driven rashly and negligently, resulting into death of Rupa Ram. Deceased Rupa Ram has nine children, and apart from that, mother and wife, and thus, deceased Rupa Ram has eleven dependents, in all. 4. Learned counsel for the appellant vehemently submitted that as per the voter list, the proven age of deceased Rupa Ram was 51 years whereas the learned Tribunal has proceeded to accept the age, as per the postmortem report, wherein the age of deceased Rupa Ram was indicated as 40 years. 5. Learned counsel for the appellant / owner also submitted that that learned Tribunal has wrongly computed the wage of the deceased to be Rs.1,200/- per month even when the minimum wage, at that time, was below Rs.500/- per month, and moreover, no definite proof of wage was laid. 6. Learned counsel for the respondent/claimant, however, submitted that deceased Rupa Ram was having a large family, and that, the camel cart and other sources shown are definitely indicating that the wage of the deceased, as taken by the learned Tribunal was justified. It is also contended that the postmortem report is a credible document. 7. After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that the wages of the deceased determined by the learned Tribunal are in accordance with law, as the camel cart would usually fetch something higher than a transporting mechanism in the rural area and thus, the wage computed by the learned Tribunal was correct.
Moreover, deceased Rupa Ram have direct 11 dependents, and in all circumstances, while maintaining them, he would have been earning at least Rs.1,200/- per month. 8. This Court is also satisfied that the age of 40 years as taken from the postmortem report is a correct way of accepting the same by the learned Tribunal, particularly when the voter list is an assumption and not a direct age proof, and thus, the submission made by the learned counsel for the appellant - owner does not make out a case for any interference in the present appeal. This Court also takes note of the fact that the accident had happened in year 1987, which is 32 years before. 9. Consequently, the present appeal is dismissed. All pending applications stand disposed of.