B.J.Shethna, J. - (1.) This special appeal is filed by Rajasthan State Road Transport Corporation (for short, 'the Corporation'), against judgment and order dated 6.7.99 passed by the learned single Judge of this court in S.B. Civil Misc. Appeal No. 101 of 1993, whereby the learned single Judge dismissed the miscellaneous appeal and confirmed the judgment and award passed by the learned Motor Accidents Claims Tribunal, Bikaner.
(2.) The claim petition was filed by the widow of deceased Vijay Kumar, who died at the young age of 25 in a road accident on 25.4.1989. He was hit by a bus belonging to the Corporation. He suffered mental agony for 4 days as he died on 28.4.1989, due to the injuries received by him, leaving behind him his young widow in her 20s and two sons aged 3 years and eight months only and a widowed mother aged 50 years.
(3.) The claimants claimed before the Tribunal that the deceased Vijay Kumar was earning Rs. 1,800 per month and he used to spend Rs. 1,200 towards them. Though there is a direct evidence on this point of the claim, which was not controverted in the cross-examination, still, for the reasons best known to the Tribunal, the Tribunal has come to the conclusion that income of the deceased Vijay Kumar must be Rs. 1,500 per month, out of which he must be spending Rs. 1,000 for his dependants and Rs. 500 for himself. The Tribunal was also of the opinion that if Vijay Kumar had not met with fatal accident, then he would have lived at least up to the age of 70, therefore, applying multiplier of 40, the Tribunal calculated Rs. 4,80,000 by way of loss of income. Surprisingly, the Tribunal deducted '/5th from that amount of Rs. 4,80,000 and by a wrong calculation, held that the claimants were entitled to Rs. 3,94,000 (instead of Rs. 3,84,000). In addition to it, the Tribunal has awarded Rs. 5,000 towards loss of consortium and Rs. 5,000 by way of medical expenses and Rs. 400 as damages for the cycle of the deceased. Thus, in all, the award of Rs. 4,04,000 was passed. But the correct amount should have been Rs. 3,94,400.;