SBCMA No.1614/2008
RSRTC, Jaipur & Anr. Vs. Smt. Kamla Devi & Ors.
1
SBCMA No.1614/2008
RSRTC, Jaipur & Anr. Vs. Smt. Kamla Devi & Ors.
DATE OF ORDER : - 15.12.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.Anil Bachhawat,for the appellant.
Heard learned counsel for the appellant.
The appellant is aggrieved against the award dated
8.8.2008 by which the Motor Accident Claims Tribunal,
Jaitaran District Pali allowed the claim petition no.50/2007
and awarded compensation of Rs.5,12,000/- in total to the
claimants on account of death of Tara Chand, who was of
the age of 29 years and claimants are his wife and children.
Learned counsel for the appellant submitted that the
appellants are challenging the quantum awarded to the
claimants on the ground that claimants failed to produce
any documentary evidence to prove the income of the
deceased.
I perused the facts of the case. The claimants claimed
that deceased was earning Rs.9,000/- per month and he
SBCMA No.1614/2008
RSRTC, Jaipur & Anr. Vs. Smt. Kamla Devi & Ors.
2
was a skilled labour. However, the tribunal did not accept
that income of the deceased and assessed the income of the
deceased as Rs.3,000/- per month and gave deduction of
1/3rd and held that the dependents were put to loss of
Rs.2,000/- per month because of the death of Tara Chand.
The tribunal applied multiplier of 18 looking to the age of
the deceased and awarded compensation of Rs.4,32,000/-
to the claimant on account of loss of earnings.
I do not find that the tribunal has awarded excessive
amount. The tribunal has only awarded the minimum
award, which could have been awarded to the claimant.
There is no merit in this appeal and the same is hereby
dismissed.
(PRAKASH TATIA), J.
c.p.goyal/-
