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2002 DIGILAW 41 (RAJ)

Rajasthan State Road Transport Corporation v. Nanda

2002-01-08

GYAN SUDHA MISRA

body2002
JUDGMENT 1. 1. This appeal has been filed by the Rajasthan State Road Transport Corporation (for short "RSRTC") challenging the award passed by the Motor Accident Claims Tribunal, Dausa by which an amount of Rs. 1,54,000/- ( Rs. One lac fifty four thousand) has been determined as compensation for the death of the deceased, who was an agriculturist and died at the age of 40 years as a consequence of the accident caused by the vehicle belonging to the RSRTC leaving behind three minor children. 2. The appeal has been filed by the appellant essentially on the ground that a multiplier of 20 should not have been applied while computing the compensation for the death of the deceased since that is the maximum which is fit to be applied while computing the compensation. 3. However, I find no substance in this argument for even if a multiplier of 20 has been applied the income of the deceased has been taken on a much lower side which is Rs. 700/- ( Rs. seven hundred) per month. Considering this aspect the award is not fit to be interfered with for even in cases where the income of the deceased is incapable of assessment Schedule-II of the Motor Vehicles Act after amendment of 1994 could not have been assessed less than Rs. 1500/- ( Rs. fifteen hundred) per month which would have fetched much higher amount than Rs. 1,54,000/- ( Rs. One lac fifty four thousand) which has been awarded. impugned award thus is not fit to be interfered with and hence this appeal dismissed.Appeal Dismissed. *******