VIMLA & OTHERS Vs. VISVANATH JANGID AND OTHERS

JUDGEMENT

(1.) Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 2nd December, 1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 90,000/-.

(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. 2,64,000/- 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 negligent driving of driver of Bus No. RJP 3565, awarded a compensation Rs. 90,000/-.

(3.) On 16th August, 1986 at about 1.30 p.m. deceased Ram Swaroop, who was conductor at Bus No. RJP 3565 was standing on the foot board of the rear window of the said bus and asking the passengers sitting at the roof of the bus to come down. The bus was alleged to be overloaded and the driver was driving the bus rashly and negligently and while passing near a tree, the head of the conductor got crushed in between the bus and the tree, resulting in his death. The date of birth of deceased was 17th January, 1959 as per the Scholar register, meaning thereby his age was 27 years at the time of accident which took place on 16th August, 1986. The Tribunal having assessed loss of income of deceased to his dependents at Rs. 500/- p.m. and applying the multiplier of 15 has awarded a total claim of Rs. 90,000/-. Expect this award as against loss of income of deceased to his dependents, the Tribunal has not awarded anything under any other head.