KAMLI GUJAR Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) THIS appeal has been directed against the Award dated 25.3.1989 passed by the Motor Accident Claims Tribunal, Jaipur (in short 'the Tribunal') whereby a sum of Rs. 99,000/ - with interest @ 12% p.a. as compensation was granted In favour of the claimants.

(2.) FOR the disposal of this appeal, it will suffice to mention that on 26.9.1984 at about 7.30 P.M. deceased Sadhuram was going from Manoharpur towards Jaipur on foot on the National Highway. He was going behind two camel carts and was on his right side. At that time, RSRTC bus No. RRB 2486, which was being driven rashly and negligently and with a high speed, by respondent Birju Singh hit the deceased and the camel carts from rear side, with the result the deceased sustained fatal injuries and died. F.I.R. Ex. P 1 was lodged at police station Shahpura, whereupon after investigation the challan Ex. 3 was filed against the said bus driver. The claimants, who are widow, mother and minor daughter of the deceased filed claim petition before the Tribunal for compensation amounting to Rs. 2.08 lacs. The RSRTC in its reply admitted the factum of the accident but asserted that the accident did not occur due to rash and negligent act of the bus driver. It was also asserted that the deceased had no source of income and that he did not contribute any amount to his family. The learned Tribunal framed necessary issues. In support of the claim petition, Awl Jagdish, AW2 Nathu, AW3 Smt. Kamli were examined and in rebuttal, NAW1 Babulal was produced by the RSRTC. The learned, Tribunal held that the accident occurred due to the rash and negligent act of the bus driver, that the age of the deceased was 23 years, that his contribution to the family was Rs. 3,000/ - per annum, and applying a multiplier of 30 years, allowed Rs. 90,000/ - as compensation for the loss of dependency, Rs. 5,000/ - to the widow for loss of consortium and Rs. 2,000/ - each to the mother and minor daughter for loss of love, affection and company of the deceased. Thus a total amount of Rs. 99,000/ - was granted as compensation with interest. The appellants have now filed this appeal for enhancement of the comperivsation amount.

(3.) SHRI S.C. Srivastava has vigorously canvassed that the learned Tribunal has committed an error of law and fact in disbelieving the unrebutted sole testimony of AW3 Smt. Kamli and in arbitrarily assessing the loss of income to the family @ Rs. 3,000/ - per annum. Similarly the learned Tribunal has also not taken into consideration future prospects and advancement in the career of the deceased and that a very meagre amount of Rs. 5,000/ - has been allowed as compensation for the loss of consortium for the young lady on the mere possibility of her remarriage. On the other hand, the learned counsel for the respondent RSRTC has contended that the amount of compensation is just and adequate and the same does not call for any increase.