MOONGI Vs. BIHAR LAL

JUDGEMENT

(1.) Heard learned Counsel.

(2.) This appeal is directed against the award dated 19.9.1997 of MACT, Jaipur District, Jaipur while deciding Claim Case No. 208/1992 (Smt. Moongi and Ors. v. Bihari Lal and Ors.) in an accident which took place on 29.6.1991 when a Truck No. RNG-2734 turned over and hit another Truck DEL-3549, result of said accident, deceased Prabhu Narain who was sitting in Truck No. RNG-2734 fell down and was crushed to death by another Truck No. DEL-3549. The said person was an agriculturist and was of 33 years of age at the time of death.

(3.) The Tribunal after holding in favour of claimants that the said death resulted on account of rash and negligent driving of said vehicle, proceeded to compute the compensation in favour of legal representatives of said deceased Prabhu. The income of said person was claimed to be Rs. 3,000/- per month. However, the Tribunal computed the net income of Rs. 2,000/- per month and after making deduction of Rs. 500/- towards personal expenditure, computed the dependency benefit at Rs. 1,500/- per month and thus arrived at such benefit at Rs. 2,16,000/- (1500 x 12 x 12). The multiplier adopted by the Tribunal was 12 for computing the said benefit. Rs. 10,000/- was awarded by the Tribunal under the head of loss of love and affection and thus total compensation was arrived at Rs. 2,26,000/-.