PANWAR, J. - (1.) THIS appeal is filed by Rajasthan State Road Transport Corporation, hereinafter (for short "the Corporation") against the judgment and order dated 11th March passed by the learned Single Judge in S. B. Civil Misc. Appeal No. 196/89, whereby the learned Single Judge has partly allowed the appeal filed by the appellant claimants therein and enhanced the compensation from Rs. 50,000/- to Rs. 2,48,000/ -.
(2.) THE claim petition was filed by Smt. Soni Devi widow of deceased Hasti Mal and her 3 daughters and 3 sons, who died at the age of 49 years on 10. 1. 83 while he was travelling in a bus No. RRM 870 owned by the Corporation, which collieded with a running rail/train due to rash and negligent driving by its Driver, Jaisingh. Due to this accident, occupant of the bus sustained severe injuries and as many as 9 persons succumbed to injuries instataneously including Hastimal. The Motor Accident Claims Tribunal, Balotra, (for short the Tribunal) after holding the trial held that the aforesaid accident was as a result of rash and negligent driving by the driver of the aforesaid bus owned by the Corporation and awarded Rs. 50,000/- in favour of the original claimants vide award dated 29th May 1989. Feeling aggrieved by the quantum of compensation, the original claimants filed the appeal before the learned Single Judge of this Court for enhancement of the award. The learned Single Judge vide judgment impugned dated 11th March 1996 allowed the appeal filed by the original claimants and enhanced the compensation. As against the judgment and order of the learned Single Judge, the Corporation filed this appeal assailing the quantum of compensation awarded. It is contended by the learned counsel appearing for the Corporation that the compensation awarded by the learned Single Judge is too excessive. The respondent claimant Smt. Soni Devi and her 3 sons and 3 daughters i. e. Respondent No. 2 to 7, who are legal representative and dependants of deceased Hastimal, filed the claim petition for claiming compensation of Rs. 4,62,500/- before the Tribunal.
(3.) THE learned Single Judge after taking into account entire record and after evaluating the evidence on record, determined the annual dependency of Rs. 23556/- per annum which was further multiplied by purchase factor of 8 years purchase. THE respondent claimants proved their case before the Tribunal by examining P. W. 2 Pukh Raj, P. W. 3 Sankal Chand, as also filed Income Tax Assessment showing income tax return for the year 1984-85. THE case of the claimants as put up is that at the relevant time the age of Hastimal was 49 years and he was having good health. He was running Plastic Factory at Baroda and was a partner of the said firm having 50 per cent shares. THE income of firm was assessed to Rs. 35,340/ -. THE learned Single Judge while determining the income of deceased as also dependency of the respondent claimants taken Rs. 23560/- per month as dependency on relying upon the uncontroverted evidence of respondent claimants. THE learned Single Judge has also taken in to account the future prospects of advancement in life and carrier which was sounded in terms of money to augment the multiplicand. In view of the judgment of Hon'ble Supreme Court in General Manager Kerla Road Transport Corporation vs. Susamma Thomas (1 ). THE annual dependency determined, was further multiplied by purchase factor of 8 years and, thus, the dependency was assessed to Rs. 1,88,448/ -. Learned Single Judge further added Rs. 2,000/- for the treatment expenses of the deceased, as awarded by the Tribunal. Learned Single Judge further awarded the compensation under the head of loss of consortium love and affection, mental agony and physical pain etc of Rs. 10,000/, and, as such in all a sum of Rs. 2,48,000/- was awarded by the learned Single Judge. ;