GANGA Vs. HUKMA RAM

JUDGEMENT

(1.) THIS appeal has been filed by the claimant seeking enhancement of compensation as awarded by the judgment and award dated 16.4.1999 by the Judge, Motor Accidents Claims Tribunal, Barmer ('the Tribunal').

(2.) THE brief facts of the case are that the claimant Smt. Ganga, Kishna Ram, Laxman Ram and Kehra Ram filed an application for compensation inter-alia with the averments that one Himta Ram aged about 20 years was a second driver on Truck No.RJ-04G-0573 while he was going from Maharastra to Jaipur, when the truck was standard in the petrol pump compound, due to some technical problem it was not starting. Babulal, the driver of the truck and Hukma Ram, the khalasi on the said truck told him to help in pushing the truck with the help of one another Truck No.RRF-21, which was to push the said truck from behind. The said Himta Ram was holding a piece of wood (GUTKA) in his hand and when the truck from behind pushed the said truck, the said piece of wood slipped and Himta Ram came in between both the trucks and died.

(3.) ON behalf of the claimants, three witnesses were examined and on behalf of respondent No.6 United India Insurance Company, one witness was examined. The Tribunal after hearing the parties came to the conclusion that both the drivers of the trucks were compositely negligent and deceased Himta Ram has also contributed negligently in happening of the accident. Both the insurance companies were held liable. While deciding the issue relating to the amount of compensation, the Tribunal came to the conclusion that the age of the mother Smt. Ganga can be taken as between 45-50 years, monthly income of the deceased was taken as Rs.2,300.00 and dependency was taken as Rs.1,500.00 per month and by adopting the multiplier of 13, a sum of Rs.2,34,000.00 (1500x12x13) was awarded and after deducting 1/3 towards contributory negligence of deceased Himta Ram, compensation in a sum of Rs.1,60,000.00 was awarded.