- (1.) THIS appeal is directed against the judgment and award dated 05.01.1999 passed by the Motor Accident Claims Tribunal, Hanumangarh ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.2,79,200/- as compensation for the death of one Moti Ram.
(2.) THE facts in brief are that the claimants filed an application for compensation ('the application'), inter alia, with the averments that on 15.01.1996 on Hanumangarh-Suratgarh road at Lakhuvali at around 09:30 AM the deceased was travelling in a tractor trolley, which was filled with raw cotton, and when the tractor trolley reached Pilibanga main road, the wheel of the trolley came out and the Moti Ram fell down on the road, at the same time, the bus being RJ14-P-1599, which was being driven rashly and negligently by one Ram Ji Lal also reached the same spot and crushed Moti Ram to death; the claimants claimed that the deceased was aged 40 years and was earning Rs.1800/- per month. The appellant filed its reply to the application and disputed the averments made in the application; it was submitted that no accident took place from the vehicle of the Corporation and in fact the deceased died on account of receiving injuries immediately on his falling down from the tractor.
(3.) THE Tribunal, after evidence was led by the parties, came to be conclusion that the accident occurred on account of rash and negligent driving of the bus belonging to the Corporation and on coming to the conclusion that deceased was aged 40 years and was earning Rs.1800/- per month after applying a multiplier of 18 awarded compensation of Rs.2,59,200/- towards loss of income and Rs.20,000/- towards loss of love and affection and consortium to the claimants and, as such, awarded total sum of Rs.2,79,200/- alongwith interest @ 12% per annum from the date of filing application i.e. 04.07.1996.;