RATAN KUMAR Vs. RATI RAM AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Shahpura, district Jaipur, in Claim Case No. 159/2009, whereby the Tribunal vide the judgment and Award dated 7.6.2011, as awarded Rs. 84,350/- along with interest at the rate of 6% p.a. to the appellant for the injuries sustained by him out of the accident in question.

(2.) It has been submitted by the learned counsel for the appellant that the Tribunal has taken into consideration the income of the appellant only to the extent of Rs. 135/- per day and awarded only Rs. 48,600/- p.a., towards future loss of income which was too less. According to him, in absence of any evidence of income the minimum income should be taken as Rs. 200/- per day and hence the amount awarded by the Tribunal deserves to be enhanced.

(3.) There is no substance in the said submission of learned counsel for the appellant in as much as the Tribunal has categorically held that the appellant had not produced any evidence to show his income. However, the Tribunal has awarded the compensation considering the income of the appellant at Rs. 135/- per day and Rs. 48,600/- p.a. and considering the disability to the extent of 7.2%, and applying multiplier of 18, has awarded Rs. 84,350/-, which is absolutely just compensation. There being no illegality or perversity in the said award made by the Tribunal, the present appeal deserves to be dismissed. The appeal is accordingly dismissed.