GOMTI AND OTHERS Vs. CHHABILA RAM AND OTHERS

JUDGEMENT

(1.) Present appeal is against award dated 01.10.2001 by Motor Accident Claims Tribunal, Sirsa (hereinafter referred as 'The Tribunal') whereby 'The Tribunal' awarded compensation to the tune of Rs. 2,84,000/- on account of death of Balbir.

(2.) Facts relevant for the purpose of decision of present appeal are that on 02.07.1999 Balbir (since deceased) along with Smt. Kamla, Smt. Sarjan and Rajpal were going to village Kahnewala on a Jeep bearing registration No.JKR-8212 which was being driven by Rajpal. At about 11.30 am. when they reached in the area of village Shahpur Begu a canter bearing registration No.RJ-30G-0244 which was being driven by respondent No.1-Chhabila Ram in rash and negligent manner against Jeep No.JKR- 8212. Resultantly, Rajpal and Kamla received serious and grevious injuries and both of them died because of the injuries sustained in the accident. Balbir was agriculturist by profession and also running a milk dairy. He was also engaged in the business of sale and purchase of used vehicles and earning Rs. 12,000/- per month and was a young man of 38 years of age.

(3.) Appellants has taken the plea that 'The Tribunal' wrongly assessed the income to be Rs. 2100/- per month which is on the lower side whereas the income should have been assessed @ Rs. 13/14,000/- per month. Even correct multiplier has not been applied as 'The Tribunal' applied multiplier of 16 whereas it should have been 18. 'The Tribunal' has not awarded any amount on account of loss of consortium and love and affection and enhancement on account of future prospects of earnings. The rate of interest is also on the lower side and same should have been 12% per annum at least.