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 24.5,1996 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur.
(2.) THE facts in brief are that when one Harnath was going from his house towards Renwal on 16.10.1993 a truck RJ14 G1103 driven rashly and negligently by respondent No. 1 hit him from behind in front of Sanganer Sadar Police Station in consequence of which Harnath died. Respondent No. 2 is the owner and respondent No. 3 is the Insurance Company of the truck RJ14 G1103. After hearing the parties the learned Tribunal by judgment dated 24.5.1996 passed an award of Rs. 1,34,800 in favour of the appellants. Aggrieved by this judgment/award the claimant -appellants have filed this appeal. Mr. K.N. Tiwari, learned Counsel for the appellants has submitted that the learned Tribunal has held the deceased Harnath responsible for contributory negligence and has deducted 20% of the dependency amount on account of it which is against the evidence present on the record. He has said that it is fully established by the evidence on record that the accident occurred on account of the negligence of the truck driver respondent No. 1 alone and there was no contributory negligence on the part of the deceased Harnath and, therefore, the 20% deduction made by the learned Tribunal is illegal. He has further submitted that the age of the deceased was around 32 years at the time of his death and in such situation the multiplier of 17 should have been adopted whereas the learned Tribunal has adopted a multiplier of 10. He has also submitted that no amount has been awarded for loss of consortium.
(3.) MR . G.S. Rathore, learned Counsel for the respondent has supported the judgment/award of the learned Tribunal.;