J.C.Verma, J. - (1.) The present misc. appeal has been preferred challenging the award dated 10.4.2000 passed by Motor Accidents Claims Tribunal, Jaipur City, Jaipur, in M.A.C.T. Case No. 519 of 1995 whereby the claimants, i.e., mother, widow and children of deceased Mohan Lal have been awarded the compensation of Rs. 4,08,880 on account of death of Mohan Lal, in the accident occurred on 16.1.1995 when the bus of the Corporation No. RJ 13-P 0743 hit the deceased while he was to cross the road.
(2.) After framing the required issues in regard to accident, negligence and quantum of compensation, the Tribunal considered the statements of witnesses Pushplata Gupta, AW 1; Babu Lal Saini, AW 2; J.P. Mishra, AW 3; Abdul Jabbar, AW 4; and Bharat Kumar, AW 5; and the documents including FIR, Exh. 1; Challan, Exh. 2; written report, Exh. 3; site plan, Exh. 4, and other documents, and had come to a finding on issue No. 1 that the deceased was knocked down by the offending bus. The deceased Mohan Lal was taken to SMS Hospital where he died. The accident had taken place on kacha side of the road.
(3.) The defence of the Corporation is to the effect that the deceased was trying to cross the road when he met the accident, which was not believed by the Tribunal for the reason that as per site plan and statements of witnesses, the deceased was on the kacha left side of the road, i.e., the deceased was walking on the kacha path on the road. It was found by the Tribunal that the deceased was earning Rs. 7,000 and after deducting the amount of expenses, fixed the dependency to be Rs. 5,540 per month. The deceased was 54 years old at the time of accident, as such the multiplier of 6 years was adopted.;