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2008 DIGILAW 1261 (RAJ)

Rajasthan State Road Transport Corporation v. Smt. Ram Pati

2008-05-07

GUMAN SINGH

body2008
JUDGMENT 1. - The case has come up for admission. Both the parties agree to dispose off the case at admission stage. 2. Heard learned Counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by Rajasthan State Road & Transport Corporation against the award dated 15th January, 2003, of the learned Motor Accident Claims Tribunal (Special Court, Dacoity affected area), (Bharatpur) in claim petition No. 227/2008 whereby a sum of Rs. 7,99,200/- was awarded as compensation to the claimants-respondents the appellant R.S.R.T.C. has come on appeal on the point of quantum of compensation. 4. Learned Counsel for the appellant submitted that the compensation awarded to the claimants-respondents are on higher side and the multiplier adopted is also required to be reduced. 5. Per contra, learned Counsel for the claimants-respondents argued that the deceased was a Govt, employee and the income of the deceased has been assessed on the basis of salary certificate and the deceased was 40 years of age at the time of accident and accordingly the multiplier of 13 was rightly applied as per Second Schedule 6. In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the deceased was a Government servant and income has been assessed on the basis of salary certificate and age being 40 years, the proper multiplier has been applied in this case. Therefore, there is no scope for interference in the award passed by the learned Tribunal. 7. Hence, the appeal is dismissed.Appeal dismissed. *******