TARA KANWAR Vs. BHAGWAN SAHAI

JUDGEMENT

(1.) This appeal has been filed against the award dated 8.8.1994 passed by the Motor Accidents Claims Tribunal, Jaipur Distt., Jaipur (hereinafter referred to as 'the Tribunal') in the Claim Petition No. 89 of 1992 by which a sum of Rs. 1,45,000 has been awarded as compensation to the appellant for the death of the husband of Tara Kanwar, appellant.

(2.) The brief facts giving rise to this appeal are that on 6.5.1990 the deceased Mool Singh aged 25 years was driving his truck No. PJA 6893 from Jaipur towards Chomu. It is submitted that at about 10.30 p.m. another truck bearing registration No. DIG 2215 which was being driven by Bhagwan Sahai, respondent No. 1, collided with the truck being driven by the deceased Mool Singh as a result of which Mool Singh, the husband of the appellant, died as a result, of the injuries received by him in the said accident.

(3.) The sole contention raised by the learned counsel for the appellant is that the learned Tribunal applied the multiplier of 10 in the facts and circumstances of the case, which is contrary to the provisions contained in the Second Schedule appended to the Motor Vehicles Act, 1988. The submission raised by the learned counsel for the appellant is that the income of the deceased was assessed as Rs. 1,500 per month and that after deducting 1/3rd, i.e., Rs. 500 towards the personal expenses, the dependency of the family was assessed at Rs. 1,000 per month and on being multiplied by 12 the annual income contributed towards the family is Rs. 12,000. As per the provisions contained in the Second Schedule of the Motor Vehicles Act, 1988 in case of persons of above 20 years but not exceeding 25 years, the multiplier of 17 is required to be adopted.