Rajasthan State Road Transport Corporation v. Banshidhar Sharma
1996-06-07
GOPAL LAL GUPTA
body1996
DigiLaw.ai
JUDGMENT 1. - This appeal has been preferred by the R.S.R.T.C. u/Section 173 of the Motor Vehicles Act, 1988, for reducing the amount of compensation awarded by the learned Motor Accident Claim Tribunal, Jaipur. Vide its judgment dated 18th August, 1989, a sum of Rs. 1,68,800/- has been awarded by the Tribunal. The deceased was 22 years of age and according to the claim petition he was earning Rs. 2,100/- p.m. He was travelling in the bus driven by Shiv Pal Singh. 2. The only contention of Shri V. Lodha is that the learned Tribunal has erred in adopting the multiplier of 31. 3. Shri Srivastava, on the other hand, contends that the learned Tribunal has not considered the full income of the deceased and also not considered his future prospectus and therefore, it has not erred in adopting the multiplier of 31 4. It has come in the statement of Banshidhar who is the father of the deceased that Mali Ram used to earn Rs. 40/- to Rs. 50/- per day. Lalita Devi AW 4 has deposed that her husband used to earn Rs. 2,000/- p.m. The learned Tribunal has estimated the income of the deceased at Rs. 600/- per month only. It is not clear as to on what basis, the learned Tribunal has not believed the statement of father and the widow of the deceased. So in view of that the loss of dependency has been assessed at much low level and also that future prospectus have not been considered. I do not think it proper to interfere on the ground of applying higher multiplier. Had the learned Tribunal accepted the evidence regarding the income of the deceased, at Rs. 2,000/-, the amount of loss of dependency would have been much higher. 5. Consequently, I find no case for reducing the amount of compensation. This appeal is dismissed.Appeal dismissed. *******