SUSHILA NAGAR Vs. UGAM SINGH

JUDGEMENT

(1.) INSTANT appeal has been preferred by the appellant claimants for enhancement of the compensation against the award dated 15.9.1994 passed by the Motor Accident Claims Tribunal, Ajmer in MAC Case No. 43/1992.

(2.) IN short the facts of the case are that oh 24.8.1991 at 8.30 p.m. deceased Shankar Lal Nagar was travelling along with other persons in jeep bearing Registration No. RST 7354 from Beawar to Ajmer. Due to rash and negligent driving of the jeep by its driver Ugam Singh, it dashed against the stationary truck bearing registration No. RNW 7475, which was parked on the roadside near Kesarpura (Police Station Mangliawas), as a result thereof Shankar Lai and two others died on the spot. Learned Tribunal held that the accident took place due to rash and negligent driving by the jeep driver Ugam Singh, respondent No. 1, and awarded total compensation of Rs. 45,000/ - including Rs. 25,000/ - on the head of dependency. Aggrieved by this award, dependents of deceased Shankar Lal filed this appeal.

(3.) IT has been contended by the learned Counsel for appellants that Shankar Lal was a retired Principal, getting pension Rs. 2,000/ - per month and also getting Rs. 1,000/ - per month from Bhartiya Shiksha Prachar Samiti. It was further contended that learned Tribunal, while evaluating the compensation, has taken into consideration the amount of family pension being received by Smt. Sushila Nagar, widow of the deceased, which is against the settled proposition of law. Reliance was placed by the learned Counsel on the judgments rendered by the Punjab and Haryana High Court in Amarjit Kaur and Ors. v. State of Punjab and Ors. 2001 (1) ACJ 211, and National Insurance Co. Ltd. v. Renu Bala and Ors. (DB) III (2004) ACC 721 : 2005 ACJ 619. It was also contended that at the time of death, age of Shankar Lal was about 60 years, which is evident from his pension papers, but the learned Tribunal has assessed the compensation considering his age as 65 years. It has also been contended that the learned Tribunal has determined total amount of dependency as Rs. 25,000/ - in lumpsum, whereas it ought to have determined on the principle of multiplier.