PARVATI DEVI Vs. ZAHOORUDDIN

JUDGEMENT

(1.) INSTANT appeal has been filed for enhancement of compensation by Motor Accident Claims Tribunal, Sawai Madhopur ('Tribunal') in M.A.C.T. Case No. 207/99 vide award dated 2nd March, 2001.

(2.) CLAIMANTS are wife, four minor children and parents of deceased Revarmal, aged 30 years, who was a skilled labourer engaged in shoemaking and earning Rs. two -three thousand per month, as alleged in claim petition. On 25th March, 1999 the deceased while travelling in offending bus DL -1/P -0764, met with an accident having taken place due to rash and negligent act of driver and conductor of the offending bus, and he fell down out of the bus, thereby died on the spot.

(3.) MR . L.L. Gupta, Counsel for claimants urged that despite specific statement of Parvati (AW 1) that the deceased was engaged in shoe making and saving Rs. three thousand per month, according to him, the Tribunal erred in not first determining monthly income of deceased and computing compensation after applying proper multiplier of 18 as per Second Schedule of Motor Vehicles Act, 1988 ('the Act') and that apart being low -paid employee, looking to numbers of dependants upon the deceased, no personal expenses can be expected to be incurred by him. Mr. Gupta further urged that nothing has been awarded for non -pecuniary losses like consortium, damages for love and affection, funeral expenses, and thus impugned award requires interference by this Court.