JAYNARAYAN Vs. ASHOK KUMAR SINGHAL

JUDGEMENT

(1.) THIS is claimants appeal under section 173 of Motor Vehicles act assailing the award dated 21. 10. 2002 passed by Fourth Additional Motor Accidents claims Tribunal, Morena in Claim case No. 158 of 2000.

(2.) CLAIMANTS herein are the parents of the deceased one Rajesh alias Bablu, it is stated that deceased Rajesh on 10. 2. 2000 in the night at about 10. 45 was travelling in Maruti car bearing No. MP 06-D 233 and was going from Morena to Gwalior. In the said Maruti car apart from the deceased three other friends of the deceased were travelling. Car was driven by Rajesh and when the car reached a place near shrikrishna Hotel in A. B. Road and when the car was going in left hand side and was being parked a dumper bearing No. MP 20-G 3274 came from the opposite direction and dashed against Maruti car, as a result Rajesh and his friend one Satish died in the accident. Maruti car was driven by rajesh and was insured by National Insurance co. Ltd. , respondent No. 2. Dumper was insured by New India Assurance Co. Ltd. , respondent No. 5.

(3.) IT was stated by the claimants that they are parents and brothers of deceased rajesh. Rajesh was student of LL. B. Part ii in M. L. B. College, Gwalior. He was a qualified computer expert having passed certain diploma courses in computer technology and was working as computer and graphics designer with Alok Printing Press, morena and was earning salary of Rs. 4,000 per month. Accordingly compensation was claimed. After evaluating the evidence and material that have come on record compensation of Rs. 1,22,000 is awarded. This award is challenged in this appeal and Mr. B. D. Verma, counsel for appellants inviting my attention to the evidence available on record particularly statements of Jaynarayan, pw 2, father of Rajesh and Alok kumar Jain, PW 4, owner of Alok Printing press and certificate, Exh. P29, issued by alok Kumar Jain, PW 4, argued that from the statements of this witness when it is proved that the earnings of Rajesh was rs. 4,000, learned trial court committed an error in assessing the earnings only at rs. 1,500 and awarding compensation accordingly. Inter alia, contending that the earnings of the deceased has been wrongly calculated at Rs. 1,500 per month and the compensation awarded by applying multiplier of 12 when age of the mother is only 39 years enhancement of the compensation is sought for. According to Mr. Verma, as per age of the mother, multiplier of 16 has to be adopted. Accordingly he prays for interference in this appeal. Mr. Verma, invites my attention to the following judgments and points out that in all these cases salary of a student have been assessed between rs. 3,000 and Rs. 5,000 per month and, therefore, in the present case in the facts and circumstances assessment of the salary is said to be very much on the lower side. The judgments relied upon are: