INDIA ROAD LINES Vs. RULDU RAM

JUDGEMENT

(1.) THIS appeal at the instance of the owner of the offending vehicle is directed against the award of Motor Accident Claims Tribunal, jalandhar dated 1st April, 2006 where by a sum of Rs. 3,12,000/- has been awarded as compensation in favour of the claimants,

(2.) THE victim Rajesh Kumar was working as a Conductor on the ill-fated bus bearing registration No. PW-02-W-9992when itturned turtle in the area of village Mand on 16th May, 2004 and in the said process, Rajesh Kumar came under the bus and died at the spot. The bus at the relevant time was being driven by bhupinder Singh, respondent No. 7 whereas respondent Nos. 1 to 6 are the claimants. In the petition seeking compensation, it was alleged that the bus was being driven rashly and in negligent manner and it over-tuned due to negligence of the driver and as a result of the said accident, Rajesh Kumar lost his life.

(3.) THE Tribunal accepted the claimants' plea and held that Rajesh Kumar died in the accident which occurred due to rash and negligent driving of Bus No. P. B.-02-W-9992 by its driver-Bhupinder Singh. As regards the quantum of compensation, the Tribunal on the basis of evidence led on record, assessed the dependency of the claimants on the deceased to the tune of Rs. 2,000/- per month and having regard to the age of the deceased who was just 23 years of age and was unmarried at the time of accident, applied multiplier of 13 and consequently calculated compensation in the sum of Rs. 3,12,000/ -.