LALA Vs. KASNI BAI

JUDGEMENT

(1.) This appeal is directed against the judgment & award dated 01.09.2000 passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby the Tribunal for death of one Mangilal has awarded compensation to the tune of Rs.1,37,000/- alongwith interest @ 12% per annum w.e.f. the date of application i.e. 02.01.1998 till the date of actual payment.

(2.) The application for compensation was filed by the claimants, inter alia, with the averments that their husband/father/son Mangilal was travelling in Tempo No.RJ-27-P-2015, which collided with Dumper No.RSJ- 5727, which was being driven by its driver rashly and negligently, which resulted in death of Mangilal. It was claimed that Mangilal was aged 40 years and was engaged in labour, agricultural and dairy operations and used to earn Rs.2,500-3,000/- per month. Based on the said averments, compensation to the tune of Rs.8,65,500/- was claimed.

(3.) The Tribunal after the evidence was led by the parties, came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the Dumper, which resulted in death of Mangilal. While assessing the amount of compensation, it was found that the deceased was involved in manual labour and his income was assessed at Rs.1,000/- per month, after deducting Rs.300/- towards his personal expenses, the dependency was assessed at Rs.700/- per month and after applying multiplier of 10, an amount of Rs.84,000/- was awarded towards loss of income, Rs.1,000/- towards transportation expenses, Rs.500/- towards loss of goods and Rs.2,000/- towards funeral expenses were awarded. On finding that wife of the deceased has entered into a Nata Marriage, the rest of the five claimants were awarded a sum of Rs.50,000/- for loss of love and affection and in all, a compensation of Rs.1,37,000/- was awarded alongwith interest @ 12% per annum w.e.f. the date of application i.e. 02.01.1998.