- (1.) S.B. Civil Misc.Appeal No.1011/2004 has been filed by claimant-appellants Gayatri Nama & five other claimants dis-satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Kota vide award dated 12/11/2002 thereby an award for a sum of Rs.12,20,000/- was awarded by the Tribunal whereas, S.B. Civil Misc.Appeal No.688/2003 has been filed by the Rajasthan State Road Transport Corporation with the prayer to set-aside the award dated 12/11/2002.
(2.) Brief facts giving rise to the filing of both these appeals are that claimant-appellants Gayatri Nama & five other claimants filed a claim petition before the Motor Accident Claims Tribunal, Kota alleging therein that on 5/8/2000 deceased Ram Laxman was coming from Bundi to Kota in Bus No.RJ-8-P369 owned by the Rajasthan State Road Transport Corporation. When the said bus came towards the Kota Bus stand after crossing the bridge over Chambal, then driver of the bus respondent No.3, who was driving the bus suddenly stopped the bus, as a result of which, deceased Ram Laxman fell down from the door of the bus and was crushed under the tires of the bus. The door was opened at the relevant time, for which, conductor of the bus i.e. respondent No.4 was also responsible for remaining the door open while the bus was in running condition. Ram Laxman was immediately taken to the hospital, where he died. At the relevant time, deceased-Ram Laxman was 39 years of age and was working on the post of Teacher in the Education Department and was getting the monthly salary of Rs.8008/-, which fact is evident from the salary certificate Exh.8. The claimant-appellants claimed a sum of Rs.31,92,000/- as compensation. The claim was contested by the RSRTC and Mohd.Hanif and Kalu Ram Sharma, driver and conductor of the bus.
(3.) Shri P.K. Sharma, learned counsel appearing for appellants Smt. Gayatri Nama and five others contended that the learned Tribunal erred in law while adopting the multiplier of only 12 whereas, at the time of death of the deceased, he was 39 years of age and therefore multiplier of 20 should have been adopted. Learned Tribunal further erred in law while making 1/3rd deductions towards self expenses of the deceased ignoring the dependents of the deceased, which are four in number according to judgment of the Supreme Court in Sarla Verma supra, in the event of number of dependents being four to six, only 1/4th amount should be deducted towards self expenses of the deceased whereas, in the present case, 1/3rd amount has been wrongly deducted. According to the last pay certificate Exh.8 of the deceased, his salary was Rs.8008/-. Learned Tribunal has by adding the element of future prospect, accepted the salary of the deceased to be Rs.12,000/- by relying on the judgment of Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Susamma Thomas (Miss) and others, 1994 2 SCC 176and then after making deduction of 1/3rd towards own expenses of the deceased accepting the rest as dependency factor to compute the compensation. It is therefore prayed that the appeal be allowed and the amount of compensation may suitably be enhanced.;