DEEPO Vs. BHAWANI SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of compensation. Other findings recorded by Claims Tribunal are not under challenge in this appeal.

(2.) COUNSEL for appellants submitted that deceased Lakhansingh at the time of his death was 28 years of age and Claims Tribunal has committed error in applying multiplier of twelve and submitted that after recording the finding that income of the deceased was Rs. 3,000/- per month compensation ought to have been awarded on the dependency at Rs. 2,000/- per month and Rs. 24,000/- per annum by applying multiplier of eighteen.

(3.) BEFORE proceedings further first we proceed to decide the cross- objections filed by the Insurance Company. It is not in dispute that deceased Lakhansingh was driving the jeep. Said jeep collided with a Mini-bus. Claims Tribunal after appreciation of evidence has held that Mini-bus No. MP-07/F-0622 was driven in a rash and negligent manner and dashed against the jeep which caused death of Lakhansingh. PW 2. Kallu has deposed that he was also travelling in the said jeep, which was driven by deceased Lakhan in slow speed and Mini-bus was coming from opposite direction from the side of Bhind has dashed against the jeep. This witness has categorically deposed that on account of rash and negligent driving by the driver of the Mini-bus accident occurred which resulted in the death of Lakhansingh. No other evidence is led by the Insurance Company to demonstrate that driver of the jeep was negligent in driving the vehicle. In absence of any evidence produced by the Insurance Company pertaining to nature of the accident, the findings recorded by the Claims Tribunal are affirmed as they are based on the evidence on record. We affirm the finding that the Mini-bus was driven in a rash and negligent manner.