MANJU BHALLA Vs. ASHOK KUMAR DHONGDA
LAWS(RAJ)-2006-7-56
HIGH COURT OF RAJASTHAN
Decided on July 24,2006

Manju Bhalla Appellant
VERSUS
Ashok Kumar Dhongda Respondents

JUDGEMENT

G.S.SARRAF, J. - (1.) THE claimant -appellants have filed this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 29.5.1995 of the Motor Accident Claims Tribunal, Jaipur District, Jaipur.
(2.) THE brief facts are that one Harish Singh Bhalla was coming from Agra to Jaipur by car DDD -946 on 2.9.1990. The above car collided with a camel -cart at about 10.30 p.m. at a place within the jurisdiction on the police station, Bassi and the said Harish Singh Bhalla died in consequence of the injuries sustained by him in the accident. Appellant No. 1 is the wife, appellant No. 2 is the son, appellant No. 3 is the daughter and appellant No. 4 is the mother of the deceased. Respondent No. 1 is the owner, respondent No. 2 is the driver and respondent No. 3 is the Insurance Company of the car DDD -946. After hearing the parties, the learned Tribunal by judgment dated 29.5.1995 passed an award of Rs. 2,70,000 in favour of the appellants. Aggrieved by this judgment/award the claimant -appellants have filed this appeal. Mr. Rakesh Bhargava learned Counsel for the claimant -appellants has contended that the learned Tribunal has adopted a multiplier of 10 whereas looking to the age of the deceased a multiplier of 17 should have been adopted in this matter. He has also said that the learned Tribunal has assessed the income of the deceased to be Rs. 3,000 per month whereas the deceased was earning far more than this. He has, therefore, prayed for increase of the compensation amount.
(3.) MR . K.N. Tiwari learned Counsel for the respondents has supported the award/judgment of the learned Tribunal.;


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