SARBATI Vs. KALU KHAN

JUDGEMENT

(1.) The appellant is primarily aggrieved with the impugned award dated 31.8.2004 passed by the Tribunal on account of deduction of 3/4th of the income of the deceased towards his personal expenses and also wrong application of the multiplier.

(2.) The appellant is a widowed mother of the deceased Sh. Satpal, who died at the age of 28 years due to injuries sustained on 3.10.2001 in a road accident at about 9.00 a.m. near Gangwa Bus stand within the jurisdiction of Police Station Parbatsar (Nagaur) Rajasthan. The deceased was driving Maruti Car bearing registration No. RJ 21 C 5494 while travelling to Bakrana from Parbatsar, Rajasthan when it collided with a bus bearing registration No. RJ 09 P 1355, driven on the wrong side of the road by Sh. Kalu Khan in a rash and negligent manner.

(3.) The contention of Sh.O.P. Mannie, counsel for the appellant is that the deceased was only survived by his widowed mother and at the most one half of the personal expenses could have been taken into consideration so as to determine the dependency of the surviving dependent. Counsel for the appellant further contends that the multiplier of 11 has been made applicable by the Tribunal which should have been at least 15 as per the Second Schedule of the Motor Vehicles Act. Counsel contends that on the date of the accident, age of the dependent mother was about 44 and a half years and this fact can be borne out from the age disclosed by her in the deposition dated 27.1.2004 as a witness in support of her claim petition. In the deposition the appellant has stated her age as 48 years while the date of accident in the present case is 3.10.2001. Based on this position, counsel for the appellant states that the age of dependent mother was not more than 44 and a half years on the date of accident.