DURGALAL Vs. SURAJPAL SINGH

JUDGEMENT

(1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 38,400.

(2.) I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 4,38,600 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of drivers of both the vehicles, truck and the bus, awarded a compensation of Rs. 38,400.

(3.) THE deceased aged 22 years was a married man. The Tribunal having assessed the income of deceased at Rs. 400 p.m. and applying the multiplier of 8 only has awarded a total claim of Rs. 38,400. Except this award as against loss of income of deceased to his dependents, namely, the wife and parents, the Tribunal has not awarded anything either against loss of consortium or against love and affection etc.