JHAMKU DEVI Vs. LALLU RAM YADAV

JUDGEMENT

(1.) A claim petition was filed by the appellants on account of the death of Nanchi Lal in a motor accident near Rampuria bus stand near Bagroon on the Jaipur -Ajmer National Highway. The deceased was the husband of the appellant No. 1 and father of the appellant No. 2 and son of the appellant No. 3. On 2.11.1984 at about 5.00 p.m., the deceased Nanchi Lal was going in a truck No. RSB 525. The truck was being driven rashly and negligently with high speed by its driver. When the truck reached near Rampuria, another truck No. RRM 2111 being driven rashly and negligently by its driver came from the opposite side. Both the drivers of the trucks could not control their vehicles resulting in head -on collision between the two trucks and in this, several persons including Nanchi Lal died. The learned Tribunal after considering the evidence of both the sides and arguments advanced by both the sides, has awarded a total compensation of Rs. 69,000/ -. The appellants have preferred this appeal for enhancement of the compensation.

(2.) I have heard the arguments of both the sides.

(3.) GENERALLY , 73 of the income is taken as personal expenses of the deceased and 2/3 of the income is taken as dependency. In this aspect of the matter, against the gross monthly income of Rs. 900/ -, the dependency should be Rs. 600/ -. In my opinion, therefore, the loss of dependency in the case in hand should be Rs. 600/ - p.m. and not Rs. 200/ - p.m. as assessed by the learned Tribunal. In terms of the multiplier a total loss of dependency should be Rs. 600 x 12 x 25 = 1,80,000/ -. The learned Tribunal has awarded only Rs. 60,000/ - for the loss of dependency. It, therefore, requires to be enhanced to Rs. 1,80,000/ -.