KASHI BEHAN Vs. DHANNA SINGH

JUDGEMENT

(1.) These appeals arise out of the same award dated 2.2.1995 passed by Motor Accidents Claims Tribunal, Dausa arising out of Claim Petition No. 6 of 1993 filed by the appellant on account of death of Prabhat Singh, husband of Kashi Behan appellant No. 1 and father of appellant Nos. 2 to 7 in Claim Petition No. 7 of 1993 filed by Chattar Singh and his wife for the death of their son Upendra Singh who died as a result of the motor accident involving jeep No. GJ 17-A 7763 in which the deceased were travelling and which was struck by the truck No. PB 10-E 9109. As a result of the said accident the deceased persons Prabhat Singh and Upendra Singh received multiple injuries and died as a result thereof. Since these two appeals are arising out of the same award, therefore, they are being heard and decided together. C.M.A. No. 517 of 1995:

(2.) The submission of the learned counsel for the appellants is that in the case of C.M.A. No. 517 of 1995 filed by Kashi Behan for the death of Prabhat Singh is concerned, learned Tribunal has assessed the dependency while determining the loss of income as Rs. 2,600 per month and adopted a multiplier of 5 which is wholly inadequate and contrary to the provisions contained in Second Schedule to the Motor Vehicles Act, 1988. Learned counsel for appellants further submits that as per the case of appellants, the age of the deceased was 45 years and in such cases, a multiplier of 13 ought to have been adopted.

(3.) On the other hand, learned counsel for the respondents submits that no proof of age has been submitted by the appellants, the deceased was a conductor with Gujarat State Road Transport Corporation and from his service record, the certificate of age could have been produced and that was the best evidence available with the appellants. Since the appellants have failed to produce the evidence available to them, the finding of the Tribunal with regard to the age of the deceased was 56 years which has been arrived at on the basis of the postmortem report, Exh. 3 of the deceased wherein the age of the deceased has been given as 56 years and a multiplier of 11 as per the provisions of Second Schedule to the Motor Vehicles Act, 1988 could at best be adopted.