BHAGWATI, J.—Heard the learned counsel for the appellants.

2. Learned counsel for the appellants has assailed the award dated 27th January, 2011, whereby the Motor Accident Claims Tribunal, Neem Ka Thana, District Sikar (here-in-after to be referred as the 'Tribunal') decreed an amount of Rs. 3,94,000/- in favour of the appellants-claimants and against the respondents only on one ground of income.

3. Learned counsel for the appellants canvassed that the deceased Sharda, albeit, was a house wife, but at the same time weaving mattresses and earning Rs. 6,000/- per month. The Tribunal while adjudicating the claim petition, considered only Rs. 3,000/- to be the income of the deceased arbitrarily, whereas, the income of Rs. 6,000/- per month claimed by the claimants was not rebutted by the respondents by any evidence. Hence, considering Rs. 6,000/- to be the monthly income of the deceased, the quantum of compensation needs to be enhanced and the appeal deserves to be allowed.

4. At the very outset, it is relevant to record that it is the dependent, who has asserted a fact of Rs. 6,000/- to be the monthly income of the deceased Sharda, hence, onus lies on the dependents to prove that the deceased was earning Rs. 6,000/- per month. It is totally immaterial as to whether income claimed by the dependents is rebutted or not rebutted by the respondents. There is not even a shred of evidence on record to lead the court to infer that the deceased was earning Rs. 6,000/- per month. Mere oral testimony is not suffice to evince the income of the deceased unless it is substantiated by any cogent and clinching material. In the absence of any clinching evidence, the tribunal is found to have rightly considered Rs. 3,000/- to be the monthly income of the deceased, as Rs. 100/- was the minimum wages prevailing at the relevant point of time. The appeal is found to be totally baseless, groundless and vexatious and has no legs to stand, thus, the same deserves to be dismissed at the threshold.

5. For the reasons stated above, the appeal fails and the same being bereft of any merit stands dismissed in limine.

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