NAND RAM Vs. YUSUF

JUDGEMENT

(1.) THIS misc. appeal is directed against the judgment and award dated 15.10.2004 passed by the learned Judge, Motor Accidents Claim Tribunal, Bhilwara and Additional Sessions Judge (Woman Atrocities Cases) (for short 'the Tribunal') in Civil Misc. Case No. 149/14996 (456/2004) whereby the learned Tribunal has awarded compensation of Rs. 1 lakh on account of death of son of the appellants No. 1 and 2 and husband of appellant No. 3. The brief facts of the case which are necessary to dispose of this appeal are recapitulated as under: -

(2.) THE appellants filed a claim case No. 149/1996 (456/2004) alleging that on 06.01.1996, the deceased Kailash along with several other persons was returning to his home in a matador bus No. RJ 28 -P 007 and the said bus collided with truck No. DL 1G -A 7344 while overtaking another truck resulting in death of Kailash & other persons. It was contended in the claim petition that accident took place on account of rash and negligent driving by the bus driver and a compensation of Rs. 7 lakh was claimed. The claim was contested by the respondents. However, the learned trial Court found that the accident occurred on account of rash and negligent driving by the driver of bus No. RJ 28 -P 007 and awarded compensation of Rs. 1 lakh in favour of appellants.

(3.) THE only contention raised by the learned counsel for the appellants before this Court is that the learned Tribunal grossly erred in awarding Rs. 1 lakh only under the head of loss of company and other heads. It is contended by learned counsel for the appellants that though the appellants produced the evidence regarding the income of the deceased Kailash hut the learned trial Court had not considered the same and wrongly held that the deceased was not having any income at the time of his death. It is further contended by learned counsel for appellants that even as per the Schedule II of the Motor Vehicles Act, 1989 (hereinafter referred to as 'the Act of 1989'), the income of the deceased Kailash was to be calculated as Rs. 15,000/ - per annum and proper multiplier should have been applied.