KUSUM DEVI Vs. DUNGARAM

JUDGEMENT

(1.) BY instant appeal, claimants have assailed the award dated 9. 5. 2005 passed by the Motor Accidents claims Tribunal [spl. Judge (EC Act)], jaipur City, whereby the Tribunal though computed the compensation after due adjudication but rejected Claim Petition No. 1071 of 2004 (No. 2050 of 2001) on the ground that it has no jurisdiction because the accident took place on National Highway 8 within Police Station, Dudu for which jurisdiction lies at the Motor Accidents Claims Tribunal, Sambhar Lake, jaipur District.

(2.) CLAIMANTS are wife, minor son and mother of Avadhesh Kumar (deceased), aged 26 years who died in a motor accident which took place on 17. 3. 2001 opposite rose Restaurant, Dudu, due to rash and negligent driving of offending truck (tanker) No. GJ 12-U 5083 by coming from the wrong side and collision with truck no. MH 04-FF 3634 being driven by the deceased.

(3.) AS alleged, the deceased was a driver and holder of a licence to drive transport vehicle and was drawing Rs. 5,400 per month. The learned Tribunal after taking note of material on record, while deciding issue Nos. 4 and 5 considered income of the deceased for a sum of Rs. 5,400 per month as he was driver on a transport vehicle running on long route and after 1/3rd deduction towards his personal expenses and with the aid of multiplier of 16 keeping in view age of his mother as 40 years, in all awarded Rs. 7,41,200 (including rs. 6,91,200 towards loss of income to the family and Rs. 50,000 as lump sum amount for conventional damages) vide impugned award holding negligence of the driver of offending vehicle, respondent No. 1, in course of his employment with the owner of offending vehicle, respondent Nos. 2 and 3, under issue Nos. 1 and 2.