PHOOLWATI Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of the compensation. Contention of the counsel for appellants is that compensation of Rs. 95, 000/ - is on much lesser side. Counsel for the appellants submitted that the deceased was 45 years of age at the time of accident and he was having income of Rs. 3,500/ - per month. Tribunal has gravely erred in determining the income of the deceased at Rs. 750/ - per month. He also submitted that the multiplier of 13 has wrongly been applied and multiplier of 17 ought to have been applied.

(2.) WE have heard the counsel for the parties. According to claimants, on 4.8.1992 at about 7.30 in the evening, tractor with trolley bearing registration No. CPG -2972 was driven in a rash and negligent manner on Morena -Ambah road. Another jeep in which deceased Gulab Singh Tomer was travelling bearing registration No. MPZ -9859, which was going towards Morena, collided with the tractor which resulted into death of Gulab Singh. We have gone through the evidence on record. PW 1, Yogendra Singh had deposed in para 1 of his statement that the accident occurred on account of negligence of both the vehicles and on this point, there is no cross -examination by the respondents that offending jeep was not at fault. Similarly, PW 2 Ashok Singh, had also deposed that both the vehicles were being driven in a rash and negligent manner. There is no cross -examination on this point. We have perused the evidence of the driver of the jeep, Narottam, N.A.W. 1. This witness is not at all reliable.

(3.) THIS witness is not at all reliable. Breaking of spring leaf and the spot map prepared by the police immediately after the incident and damages to jeep such as breaking of side glass and spring leaf demonstrates that the jeep was driven in a high speed, which has collided with the tractor. Considering the facts of the case, we have no hesitation in holding that both the vehicles were being driven in a rash and negligent manner and owner and driver of both the vehicles are equally responsible for their negligence,