RAJASTHAN STATE ROAD TRANS Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS appeal and the cross -objections are directed against the award dated 7.1.1994 passed by the Judge, Motor Accidents Claims Tribunal, Jaipur, by which the learned Judge of the Tribunal awarded a sum of Rs. 2,60,000/ - as compensation to the claimants and dismissed their remaining claim.

(2.) SHANTI Devi and four others are the legal representatives and dependants of deceased Ram Gopal, who died in the motor accident on 4.2.1988. The claimants filed the claim petition before the Motor Accidents Claims Tribunal at Jaipur for the award of compensation amounting to Rs. 8,60,660/ -. The case of the claimants, as set -out in the claim petition, was that deceased Ram Gopal was working as a clerk in Post and Telegraph Department. On 4.2.1988 he was going on his bicycle from Collectorate's side and was proceeding towards Polo Victory Cinema, Jaipur. He was paddling the bicycle on the left side of the road. The Roadways bus No. RNP 1976 driven rashly and negligently by its driver Brij Mohan Pareek, came from behind and hit Ram Gopal, who died on account of this accident. At the time of his death, Ram Gopal was aged about 41 years and his pay was Rs. 1,381/ - per month. The claimants, therefore, claimed Rs. 6,35,960/ - as the loss of pay and dependency; Rs. 50,000/ - as loss of overtime bonus, Rs. 1,00,000/ - for mental agony and physical pain suffered by the widow Shanti Devi as well as the loss of consortium to her, Rs. 50,000/ - were claimed as the loss of love and affection suffered by the children of the deceased on account of untimely death of their father, Rs. 15,000/ - were claimed as the amount spent on cremation and other post death rites, Rs. 10,000/ - were claimed as the amount spent upon the visitors who came to offer their condolences and Rs. 400/ - were claimed as the loss caused to the bicycle. The total amount claimed by the claimants was Rs. 8,60,660/ -.

(3.) THE claimants, in support of their case, examined four witnesses, viz., Shanti Devi, AW 1, M.C. Baletha, AW 2, Ram -avtar, AW 3, and Bhagirath, AW 4. The non -claimants, in their defence, examined Brij Mohan Pareek, NAW 1 and Ami Lal, NAW 2. Learned Judge of the Tribunal, after considering the evidence available on record, by his award dated 7.1.1994 awarded a sum of Rs. 2,60,000/ - as compensation to the claimants. Rs. 2,40,000/ - were awarded against the loss of dependency, Rs. 15,000/ - were awarded to the widow and the children of the deceased towards loss of consortium, love and affection and Rs. 5,000/ - were awarded for the loss of property. The appellant filed the appeal challenging the award dated 7.1.1994 passed by the Tribunal while the claimants filed the cross -objections for enhancement of the amount of compensation.