ABDUL SALAM Vs. MADAN SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 20.11.1998 passed by Motor Accident Claims Tribunal (First), Jodhpur in M.A.C. Case No.998/1995.

(2.) WHILE praying for enhancement, learned counsel for the appellant raised the following three arguments: the first argument raised is that Tribunal has wrongly concluded that the deceased was guilty of contributory negligence. It is contended that the driver had asked him to sit on the roof of the truck. As such, the appellant had only complied with the direction of the driver of the truck. Thus, it was the responsibility of the driver to make sure that no one was sitting on the roof of the truck, which was loaded with the fodder.

(3.) THE third contention raised by learned counsel for the appellant is that admittedly, the mother of the deceased was 45 years of age. No multiplier has been applied. Hence, the amount awarded deserves to be enhanced by adding multiplier of 15.