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. 38,400.
(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. 4,38,600 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 drivers of both the vehicles, truck and the bus, awarded a compensation of Rs. 38,400. On 21.9.1988, Truck No DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Tejmal 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 stated to be engaged with one Bijhu Lal Godha, Contractor in Mohan Mekins Ltd. Gaziabad. 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 deceased aged 22 years was a married man. The Tribunal having assessed the income of deceased at Rs. 400 p.m. and applying the multiplier of 8 only has awarded a total claim of Rs. 38,400. Except this award as against loss of income of deceased to his dependents, namely, the wife and parents, the Tribunal has not awarded anything either against loss of consortium or against love and affection etc.;