RAJASTHAN STATE ROAD TRANS Vs. PISTA AGRAWAL

JUDGEMENT

(1.) THE accident giving rise to this appeal took place at about 9.30 p.m. on July 16,1978 near Niros Restaurant on Mirza Ismail Road, Jaipur in which Girraj Prasad Agrawal, husband of respondent No. 1 and father of respondent Nos. 2 to 4 died on account of rash and negligent driving of the driver of bus No. RRG 1957 belonging to the Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation'). Respondent Nos. 5 and 6 are the father and mother of the deceased.

(2.) A joint application for compensation was made by the heirs and dependants of the deceased Girraj Prasad Agrawal claiming Rs. 13,29,800/ - as compensation. The Motor Accidents Claims Tribunal, Jaipur granted an award for Rs. 2,75,000/ -. Against the said award two appeals were filed, which were numbered as Civil Misc. Appeal. No. 203 of 1981 and Civil Misc. Appeal No. 177 of 1981. The former appeal was filed for setting aside the judgment of the Motor Accidents Claims Tribunal by the Corporation, whereas the second was filed by Pista Agrawal, the wife of the deceased and other dependants of Girraj Prasad Agrawal.

(3.) BY increasing the multiplier to the figure of 28, the learned single Judge raised compensation to Rs. 3,09,000/ -. This figure includes Rs. 15,000/ - by way of consortium. He allowed consortium of Rs. 5,000/ - to the widow, Rs. 2,000/ - to each of the children and Rs. 2,000/ - each to father and the mother. He rejected the claim to further enhance compensation on the basis of mental shock, agony, physical suffering, loss of love and affection in view of the decision of the Rajasthan High Court in Gyarsi Devi v. Sain Das 1982 ACJ (Supp) 306 (Rajasthan).