RAJASTHAN Vs. YAQUB ALI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant State owner of the jeep No. RJ27/4836 belonging to the Police Department of the state, which was being driven in rash and negligent manner and on account of same, said jeep hit the deceased Firoz Ali, who was riding on his moped in Udaipur City near Swaroop Sagar Tri-section and on account of said accident, the said person Firoz Ali aged 28 years died on that very day in the hospital at 11 p. m. , whereas the accident took place at around 5 p. m. in the evening on 18. 12. 1990.

(2.) THE claimants filed the claim petition claiming a sum of rs. 19,46,000/- and after deciding various issues in favour of the claimants, the learned Tribunal awarded a sum of Rs. 4,48,000/ -. While admitting the appeal on 18. 5. 1998, this Court directed the appellant State to deposit 50% of the compensation awarded with the Tribunal which was to be disbursed to the claimants and remaining 50% was stayed by this Court.

(3.) THE learned counsel for the State has urged that there was no proof or evidence produced by the claimants to show that the deceased had worked in Kuwait and monthly income of the deceased was Rs. 8000/- as claimed by them and the Tribunal has also without any such evidence, determined the income of the deceased as rs. 3000/- and without making any deduction for personal expenditure at the rate of 1/3rd of monthly income, the learned Tribunal has granted higher amount of compensation with high rate of interest of 15% per annum. He submits that the learned Tribunal has erred in granting disproportionately higher compensation to the claimants.