- (1.) THIS appeal for enhancement has been filed by the claimants directed against the award dated 22.4.1999 passed by Motor Accident Claims Tribunal, Ratangarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.3,00,000/- as compensation alongwith interest @ 12% p.a. from 12.12.1997 i.e. the date of claim petition.
(2.) THE facts in brief are that on 17.7.1997 at about 7:30, one Bhagirath Ram driving truck No.RJ-07G-1392 started for Bikaner from Gopalpura. At about 12:45 a.m. when the truck reached Benisar, another truck being HR-35-0701 being driven by Suresh Kumar collided with the said truck, resulting in death of Bhagirath Ram. The appellants filed claim application seeking compensation of Rs.22,69,100/- for untimely death of Bhagirath Ram. Before the Tribunal, evidence was led by the claimants, wherein Rewanti - Wife of the deceased appeared as AW-1, Gopal Ram ­ Employer as AW-2, Moti Ram ­ Cleaner of the Truck appeared as AW-3. No evidence was produced in rebuttal. The Tribunal after hearing the parties held the driver of Truck No.HR-35-0701 guilty for rash and negligent driving.
(3.) WHILE dealing with the issue relating to grant of compensation, the Tribunal came to the conclusion that though Gopal Ram AW-2 also says that the deceased was getting Rs.3,500/- per month as salary, however, in taking estimated income of deceased at Rs.2,000/-, there should not be any dispute and after deducting 1/4th towards personal expenses and applying multiplier of 16 determined the compensation towards loss of income at Rs.2,88,000/- and after further adding Rs.6,000/- each towards loss of love and affection for the parents and loss of consortium for the wife awarded sum of Rs.3,00,000/- towards compensation alongwith interest as noticed here-in-before.;