MEENAKSHI AND ORS. Vs. HABU SINGH AND ORS.

JUDGEMENT

(1.) SINCE all these appeals and cross objections relate to one incident and arise out of the common judgment and award passed by the learned Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 31.12.2008 at about 11.00 PM within the jurisdiction of Police Station, Alwar Gate Ajmer near Alwar Gate crossing, the driver of Pick up Jeep bearing No. RJ 21G 2262 drove the said vehicle rashly and negligently and hit Dharmendra @ Kalu and Murli going on the motor cycle, as a result of which Dharmendra @ Kalu died and Murli sustained injuries.

(2.) THEREAFTER claim petitions were filed. Notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dt. 20.4.2010, awarding Rs. 4,44,000/ - as compensation in claim petition No. 79/2009, which was filed on account of death of Dharmendra @ Kalu; and Rs. 5,94,600/ - in claim petition No. 129/2009, which was filed on account of injuries sustained by Murli.

(3.) MR . Mathur, learned counsel for the claimants has contended that the Tribunal has manifestly erred in considering the income of the deceased to be Rs. 3000/ - per month, whereas he was working with UCO bank as Daily wager and his salary was Rs. 4500/ - per month. The claimants produced ample evidence with regard to earning of the deceased but they were not considered by the Tribunal. The Tribunal further erred in considering the two third income of the dependency of the claimants. The Tribunal further erred in awarding merely Rs. 30000/ - for the loss of love and affection to the claimants and a very meager amount has been awarded in other heads also. The Tribunal has also applied the lesser multiplier, whereas a much higher multiplier should have been applied. Hence, the impugned judgment and award passed by the learned Tribunal deserves to be modified.