UMARI Vs. DEVI SINGH

JUDGEMENT

(1.) THE appellants have laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, Act of 1988') challenging the award dated 17.04.2002 passed by the Motor Accident Claims Tribunal, Udaipur (for short, 'learned Tribunal') in Civil Misc. Case No. 11/1997, whereby the learned Tribunal has awarded a lump sum compensation of Rs. 1,13,800/ -.

(2.) BRIEF facts of the case are that on 17.04.1996, Jagdish Gameta was going to Balecha from Udaipur in the tractor of one Lalu Meena along with some labourers. When the tractor reached Goverdhan Villas, a bus, bearing No. GJ -1T -5217 coming from opposite direction driven rashly and negligently by its driver, dashed with the tractor, as a result of which Ramesh, Raju and Tulsiram sustained injuries and Jagdish, husband of appellant No. 1 and father of appellant No. 2, expired. One more person named Lalu also lost his life in the said accident.

(3.) MR . Suresh Shrimali, the learned counsel for the appellants, has raised two contentions before this Court; firstly, deceased was 35 years old when he met with the fatal accident, therefore, as per the Second Schedule attached to the Act of 1988, a multiplier of seventeen ought to have been applied by the learned Tribunal instead of multiplier of twelve. Thus, according to the learned counsel, the learned Tribunal has erred in applying an incorrect multiplier for assessing compensation. Secondly, considering the fact that the income of deceased would have increased by efflux of time, future loss of income should have been considered by the learned Tribunal for assessment of reasonable compensation.