RAMPYARI Vs. R.S.R.T.C.

JUDGEMENT

(1.) THE present appeal has been filed by the appellants-claimants seeking enhancement of the compensation awarded by the M.A.C.T., Jaipur City (hereinafter referred to as the Tribunal) in M.A.C. No.708/97 whereby the Tribunal has awarded Rs.3,05,000.00with the interest @ 9% per annum from the date of presentation of the claim petition till realization, for the death of Gullaram, who was the husband of the appellant No.1, father of the appellants No.2, 3 and 4 and son of appellant No.5.

(2.) IN the instant case, the deceased Shri Gullaram died as a result of accident caused by the driver of the respondent No.1, driving the bus bearing registration No.RJ-14-P-3606, and when said Gullaram was going on his motor-cycle bearing No.RRL-3499. The Tribunal, after considering the evidence on record and believing the age of the deceased to be 30 years, his income to be Rs.2100.00 per month, and applying the multiplier of 15 has awarded Rs.2,88,000.00 towards the dependency loss to the claimants. The Tribunal has further awarded Rs.2,000.00 towards funeral expenses and Rs.15,000.00 towards loss of consortium and other expenditure, and thus awarded total amount of Rs.3,05,000.00 as compensation.

(3.) HOWEVER , learned counsel Mr. Mukesh Kumar Verma, appearing for the respondent No.1 R.S.R.T.C., submitted that the claimants had failed to produce any reliable evidence with regard to the income of the deceased and, therefore, the Tribunal has rightly believed the income of the deceased to be Rs.2100.00 per month as per the minimum wages prevailing at the relevant time.