U.P. STATE ROAD TRANSPORT Vs. VIDYA TIWARI

JUDGEMENT

(1.) SRI Daya Shankar Tiwari was a Junior Engineer in Irrigation Department. He along with his family members had gone to Jaunpur Bus Station on 4.6.1993 to catch the bus for Varanasi. He met with an accident at the Bus Station with the bus of the U.P. State Road Transport Corporation. He sustained injuries and later on died in the Hospital. His heirs filed a claim petition. This has been allowed on 27.3.1997. Hence the present appeal.

(2.) WE have heard Mr. Niraj Tripathi, Counsel for the appellants.

(3.) THE deceased was a Junior Engineer in the Irrigation Department. His income was Rs. 4,748/- per month. The Tribunal below has held that he must be contributing Rs. 2,500/- towards his family expenses. The deceased was aged about 48 years and as such under the Second Schedule multiplier of 13 ought to have been used. In case the multiplier of 13 is used, the claimants were entitled to Rs. 3,90,000/- for the same. The widow was entitled of Rs. 5,000/- for the loss of consortium, Rs. 2,000/- for funeral. Thus the claimants were entitled to total of Rs. 3,97,000/-. The Tribunal below has awarded only a sum of Rs. 2,95,000/- only. The appeal has no merit and is dismissed.