K.C.SHARMA,J. - (1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 1,62,000.
(2.) I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 8,56,800 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of driver of both the vehicles, truck and the bus, awarded a compensation of Rs. 1,62,000. On 21.9.1998, truck No. DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Gulkandi Singh died and few persons sustained injuries. The deceased was travelling in the bus belonging to U.P. State Road Transport Corporation. At the relevant time, he was posted as Constable in U.P. Police. The learned Tribunal having concluded that accident occurred due to contributory negligence of drivers passed the award in favour of the claimants as stated above.
(3.) THE learned Tribunal while calculating the compensation as against loss of income of deceased which he could have contributed to the dependents has taken into consideration the age of deceased as 43 years at the time of accident and having found that he was getting salary of Rs. 1,455.10 per month, deducted 1/3rd of his income for his personal expenditure and calculated his net income at Rs. 1,000 per month which he could have contributed to his dependents. Having calculated the net contribution of the deceased at Rs. 1,000, the Tribunal applied the multiplier of 11 and awarded a sum of Rs. 1,32,000 as against loss of income to the dependents of the deceased. That apart the Tribunal has awarded Rs. 15,000 as against loss of consortium to the widow and Rs. 15,000 as against loss of love and affection to 3 children. In all a sum of Rs. 1,62,000 have been awarded as compensation.;