Nisha Gupta, J. - (1.) THIS appeal Under Section 173 of the Motor Vehicles Act, 1988 against the judgment/award dated 18.6.2008 passed by Judge, MACT, Tonk in MAC No. 161/2007 has been filed for enhancement of compensation.
(2.) THE contention of the appellants is that the deceased was having agricultural income and he was also Sarpanch of village Borkhandi Kalan. It is true that no documentary evidence has been produced hence the compensation has been awarded on notional income. If no income has been proved still the claimant has proved that the deceased was having some income and compensation should be calculated on the basis of minimum wages. Further contention of the appellants is that the deceased was of 52 years of age and no future prospects has been awarded and hence, the compensation should be enhanced suitably. Per contra the contention of the respondents is that when no income has been proved, the court below was right in calculating the compensation on the ground of notional income and when the deceased was of 52 years of age having no regular income, future prospects could be awarded. Heard the learned counsel for the parties and perused the impugned judgment and award.
(3.) THE case of the claimant was that the deceased was having agricultural income and he was Sarpanch of village Borkhandi Kalan but no documentary evidence has been produced. The appellant has relied upon State of Haryana & Anr. v. Jasbir Kaur & ors., : 2003 ACJ 1800 wherein it has been held that in case of agricultural income, normal rule about the deprivation of income is not strictly applicable as the land still remains with the claimants. In spite of this, Rs. 3,000/ - was assessed as the income of the deceased. Further reliance has been placed on Laxmi Devi & ors. v. Mohammad Tabbar & Anr., : 2008 ACJ 1488 where also income of unskilled labour has been calculated as Rs. 100/ - per day and the contention of the appellants is that the income of the deceased should be calculated as Rs. 3,000/ -.;