Rajasthan State Road Transport Corporation v. Motor Accident Claims Tribunal, Kishangarh
2008-05-08
GUMAN SINGH
body2008
DigiLaw.ai
JUDGMENT 1. - This appeal has come up for admission.Counsels for both the parties agreed that appeal be disposed of at admission stage. 2. This appeal has been preferred by R.S.R.T.C. against the award of the Motor Accident Claims Tribunal, Kishangarh. Ajmer passed on dated 1.2.2002 whereby the claim petition of the dependents of the deceased was awarded for Rs. 7.59.000/- by way of compensation. 3. Learned Counsel submits that the amount awarded by the learned Tribunal is on higher side and the amount of compensation deserves to be reduced. 4. Per contra, the learned Counsel for the claimants submitted that the deceased was class 4th employee of L.I.C. and he was drawing a sum of Rs. 538/- per month and after deducting 1 /3rd on account of expenses of the deceased himself, and on applying multiplier of 17, the amount of award be computed. It is further submitted that the widow of the deceased was awarded Rs. 10.000/- on account of loss of consortium and two children were awarded Rs. 5000/- each for loss of love and affection apart from Rs. 2000/- for funeral expenses and Rs. 5000/- to mother for loss of his son and loss of love and affection. 5. In view of the above submission and on going through the award it is revealed that after assessing monthly income of the deceased employee, a multiplier of 17 has been applied as per the II Schedule of the Motor Vehicles Act and as such it cannot be said that the amount awarded was computed on higher side. Therefore, if there is no scope of interference in the award passed by the learned Tribunal. 6. The appeal stands dismissed accordingly.Appeal Dismissed. *******