HAR BAI Vs. LAMI NARAIN

JUDGEMENT

(1.) This appeal has been filed by the claimants-appellants against the award dated 13.5.1993 passed by the learned Judge, Motor Accidents Claims Tribunal, Dausa, in M.A.C.T. Claim No. 139 of 1989 for the enhancement of compensation awarded to the claimants.

(2.) The brief facts giving rise to this appeal are that on 21.10.1989 the deceased Ramji Lal aged 40 years was travelling towards Dausa on the roof of the bus No. RNA 5330. On account of rash and negligent driving by the driver of the bus who abruptly applied the brakes causing the appellant to fall down, as a result of which the appellant sustained injuries and consequently died.

(3.) Learned counsel for appellants submits that the deceased was aged 40 years at the time of accident and his monthly income was assessed at Rs. 750 by the learned Tribunal. The Tribunal deducted one-third amount from Rs. 750 towards personal expenses and consequently determined the dependency/contribution for the family at Rs. 500. Learned Tribunal while assessing his monthly contribution to the family as Rs. 500 has applied multiplier of 20 which comes to Rs. 1,20,000 and has also awarded an amount of Rs. 40,000 for loss of consortium, love and affection and an additional amount of Rs. 5,000 towards expenses for the performance of the last rites of the deceased. In all the amount of Rs. 1,20,000 + Rs. 40,000 + Rs. 5,000 totalling to Rs. 1,65,000 (rupees one lakh sixty-five thousand) was awarded.