LAWS(ALL)-2002-12-178

U.P. STATE ROAD TRANSPORT Vs. PHOOL CHAND

Decided On December 03, 2002
U.P. State Road Transport Appellant
V/S
PHOOL CHAND Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant. The appellant feels aggrieved by the award of an amount of Rs. 2,80,000/- as compensation to the claimants on account of the untimely death of Sri Ramoo, aged about 36 years in the accident involving the offending motor vehicle, a Roadways Bus.

(2.) THE claimants had come up with the case that on 27.3.2001 at about 6.30 p.m. while Sri Ramoo was going on a Motor Cycle, the offending Bus, which was being driven rashly and negligently, dashed the said Motor Cycle causing his instantaneous death.

(3.) IN this connection, it may be noticed that Ramoo died in the said accident leaving behind his old parents, his wife and five minor children. The Tribunal proceeded to assess the income of the deceased as Rs. 2,000/- per month. The multiplier of 16 was rightly applied. Thus, the Tribunal rightly awarded a sum of Rs. 2,43,000/- (after deducting 1/3rd amount) as just compensation and apart from that awarded the amount of Rs. 2,000/- towards funeral expenses, Rs. 15,000/- for loss of consortium to wife, Rs. 12,000/- for deprivation of love and affection of children, and Rs. 10,000/- towards mental agony and the same cannot be said to be excessive.