SATVEER SINGH SON OF SACHHA SINGH Vs. STATE OF RAJASTHAN; MALVINDRA SINGH S/O AVATAR SINGH; AVATAR SINGH S/O SHAMSHER SINGH; RAJVEER KAUR W/O AVATAR SINGH; HARBHAJJAN SINGH S/O AVATAR SINGH

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 12.10.1999 passed by the Motor Accident Claims Tribunal, Bikaner ('the Tribunal'), whereby the Tribunal for death of Jahur Deen and Nathu @ Yusuf has awarded compensation to the tune of Rs.1,95,000/- each and on account of contributory negligence has reduced the same by 50% to Rs.97,500/- for both the claims.

(2.) The claimants filed the applications for compensation with the averments that on 23.09.1995, Jahur Deen was riding on a Motorcycle as pillion rider while Nathu @ Yusuf was driving the same when the Motorcycle met with an accident with one Tanker No. RSF-3281, which was being driven rashly and negligently, resulting in both, Jahur Deen and Nathu @ Yusuf falling down and suffered grievous injuries to which both succumbed. It was, inter alia, claimed that both the deceased were aged 22 years and were involved in livestock business besides agricultural operation and were earning Rs.5,000/- per month. Based on the said averments compensation to the tune of Rs.48,20,000/- and Rs. 48,30,000/- respectively was claimed.

(3.) The application was resisted by the driver and the State. The Tribunal while deciding the issue pertaining to the negligence came to the conclusion that the accident occurred on account of contributory negligence of both Nathu @ Yusuf as well as driver of the Tanker Shanker Singh. While calculating the amount of compensation, the Tribunal came to the conclusion that the age of both the deceased was 22 years and that as the father of deceased in their statement could not prove the income being earned by Jahur Deen and Yusuf, the income of the deceased was taken at Rs.15,000/- per annum and after deducting 1/3rd towards personal expenses, a multiplier of 17 was adopted and after awarding Rs.10,000/- towards loss of consortium to the wife and Rs.5,000/- each to the parents for loss of love & affection and Rs.5,000/- towards funeral expenses, awarded a sum of Rs.1,95,000/- each and thereafter deducted 50% towards contributory negligence and awarded a sum of Rs.97,500/- as compensation to both the set of claimants.