SUGALI Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THE claimant -appellants have preferred this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 27.5.96 of the Additional District and Sessions Judge, Jaipur District, Jaipur.

(2.) THE husband of the claimant -appellant No. 1 and the father of claimants -appellant Nos. 2 to 6 Bheema Ram died on 16.6.90 when the bus No. RRM 7004 overturned. The deceased Bheema Ram was travelling by the aforementioned bus. The learned Tribunal assessed the income of the deceased as Rs. 1,500 per month and after deducting 1/3rd of it on account of money spent by the deceased on himself, assessed the dependency as Rs. 1,000 per month and adopted the multiplier of 13 and after adding Rs. 15,000 on account of loss of consortium passed an award of Rs. 1,71,000 (1,000 x 12 x 13 = 1,56,000 +15000 = 1,71,000). Aggrieved by this the claimant -appellants have filed this appeal.

(3.) IN the claim petition the age of the deceased Bheema Ram has been shown to be 38 years. On the basis of the judgment of Hon'ble Apex Court in the case of Tamil Nadu State Transport Corporation Ltd. v. S. Rajapriya and Ors. II (2005) ACC 476 (SC) : 2005 (1) WLC (SC) Civil 732. I am of the opinion that the multiplier of 13 adopted by the learned Tribunal is not in any way inappropriate. There is thus no ground for interference.