Rajasthan State Road Transport Corporation Jaipur v. Mohan Lal
2011-09-12
MOHAMMAD RAFIQ
body2011
DigiLaw.ai
Hon'ble RAFIQ, J.—By this misc.appeal, appellant-Rajasthan State Road Transport Corporation Jaipur has challenged the award dated 8/8/2001 passed by learned Judge Motor Accidents Claim Tribunal, Shahpura, District Jaipur in Motor Accident Claim Case No.27/2001 whereby, the said Tribunal allowed the claim of claimants Mohan Lal, Smt.Narangi Devi, Mukund and Bajrang Lal and an award for a sum of Rs.3,41,000/- has been passed in their favour. 2. Contention of the learned counsel for the appellant is that the accident took place due to negligence on the part of deceased-Mukesh Kumar as he was carrying a gas cylinder on his bicycle and due to the gas cylinder being carried on the bicycle, the bicycle had lost its balance and seeing the same, the driver of the bus had taken his bus on the left kaccha side of the road but even then the deceased had hit the side of the bus and the rear wheel of the bus went over him. It was therefore fault of the deceased but the learned Tribunal erred in law while accepting the claim of the claimants in the sum of Rs.3,41,000/- for which they were not liable to receive. It was further argued that multiplier of 17 has wrongly been applied by the learned Tribunal and the award for the loss of income for Rs.3,06,000/- assessing the income of the deceased at Rs.4,500/- per month is incorrect. The impugned award therefore is liable to be set-aside. 3. Having heard learned counsel for the appellant and perused the impugned order, I am of the considered view that the learned Tribunal has not committed any error in applying the multiplier of 17 and passing the award under different heads. Learned Tribunal has passed a justified amount of compensation in the light of the evidence available on record. The impugned-award does not suffer from any error apparent on the face of record. 4. There is no force in either of the contentions raised on behalf of the appellant and, therefore, this misc.appeal is dismissed being devoid of any merit.