SOBHA BAI Vs. KISHORE SINGH

JUDGEMENT

(1.) THE claimants appellants have filed this appeal against the award dated 3. 4. 2000 passed by Motor Accident Claims Tribunal, Ajmer in motor accident claim case no. 1835/99 (210/88 ).

(2.) BRIEFLY stated the facts are that in the night of 21. 5. 88 a truck RRE-1285 driven rashly and negligently by the respondent no. 1 Kishore Singh hit the truck DIG-5262 from behind which was standing on kaccha near the village Rampura on national highway no. 8 in consequence of which sohan Singh and Ramesh Kumar died. The appellants are the legal representatives of the deceased Ramesh Kumar.

(3.) LEARNED Tribunal on the basis of postmortem report of the deceased came to the conclusion that the deceased was 25 years old at the time of the accident. As per the claim application filed by the claimants appellants the deceased Ramesh Kumar was a truck driver and was earning Rs. 1500/- per month. Learned Tribunal assessed the monthly income of the deceased as Rs. 1,000/- per month as there was no documentary evidence in support of the fact that the deceased was a driver and also no one was examined who could say that the deceased was driving his truck. Learned Tribunal after deducting 333/- as personal expenses of the deceased and after adopting a multiplier of 12 assessed the dependency at Rs. 667x12x12= Rs. 96,048/ -. Learned Tribunal added rs. 40,000/- on various counts and then passed an award of Rs. 1,36,048/-in favour of the claimants appellants. Learned Tribunal also awarded interest @ 12% per annum excluding the period of delay caused by the claimants appellants.