Judgment · High Court

HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ram Singh for the claimants/appellants. Mr. S.R. Joshi with Mr. Ganesh Joshi for the respondent No.3. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the Award dated 30.09.92 and

31.10.92 passed by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal') in Claim Petition No. 10/91, whereby a sum of Rs. 3,20,000/- has been awarded in favour of the claimants/appellants. Brief facts of the present appeal are that on 19.08.90 at about 10.00 p.m. deceased Pratap was coming by tractor No. URR-2400 from his village to Jaipur. When he reached at the culvert of police station, a truck bearing No. NLN-3404 driven rashly and negligently by its driver, collided with the tractor on the wrong side of the road which resulted into death of Pratap and driver of the tractor Shri Subhash Chandra. In [2] this accident another person also sustained injuries. The ground taken by the claimants/ appellants for enhancement of the compensation is that in view of the several decisions of the Hon'ble Apex Court and High Courts, the Tribunal has not awarded even a single penny under the heads of loss of consortium to the wife, loss of love and affection to the children and the parents. Further the Tribunal has also not properly considered the income and loss of income of the deceased and only awarded a compensation to the tune of Rs. 3,20,000/-, which cannot said to be just and reasonable and the same required to be enhanced. Per contra, learned counsel appearing for the Insurance Company has submitted that the Tribunal has considered each and every aspect and the compensation awarded in favour of the claimants/appellants to the tune of Rs. 3,20,000/- is on higher side by using the multiplier of 40, whereas as per the ratio decided by the Hon'ble Supreme Court, multiplier more than 18 cannot be applied in such cases. I have heard rival submissions of the respective parties and gone through the impugned Award dated 30.09.92 passed by the Tribunal. It is not disputed that the accident took place way back in the year 1990 and the Tribunal [3] has rightly considered the income of the deceased and also rightly considered the future loss and accordingly awarded an adequate lump sum compensation to the tune of Rs. 3,20,000/- vide its impugned award and the same is just and reasonable and requires no interference whatsoever by this Court. The claimants/appellants failed to make out any case of enhancement of compensation. Consequently, the civil misc. appeal fails and the same stands dismissed. /KKC/ (K.S. RATHORE)J.