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Judgment
J.C. Verma, J.—The present misc. appeal has been preferred challenging the award dated 24.6.1999 passed by Motor Accident Claims Tribunal, Jaipur in MACT Case No. 1917/1997 whereby the claimants have been awarded the compensation of Rs. 4,18,000/-.
The claimants i.e. mother and unmarried sisters of the deceased Udai Bhan Sharma have been awarded the compensation on account of death of Udai Bhmt Sharma in the accident occurred on 24.11.1997 when the bus of the Corporation No. RJ-02/P-253 crushed the deceased Udai Bhan Sharma when he was driving the scooter on his side. He is said to be 21 years of age and was working as Class-IV employee in State Bank of Bikaner and Jaipur and was drawing the salary Rs. 2,997.98 per month. It was the case of the claimants that the deceased only was the earning member in the family as his father had already died. Three sisters of deceased were still to be married and because of the death of deceased whole of the family has been left destitute.
After framing the required issues in regard to accident, negligence and quantum of compensation, the claimants examined P.W. 1 Saroj Sharma; P.W. 2 R.K. Manchanda; P.W. 3 Shyam Sunder Gupta; P.W. 4 Siya Ram. Apart from above, the documents were exhibited Ex. 1 Charge Sheet; Ex. 2 FIR; Ex. 3 Site Plan; Ex. 4 Seizure Memo of bus; Ex. 5 Post Mortem Report; Ex. 6 R/C of bus; Ex. 7 driving Licence of the driver; Ex. 8 Mechanical Inspection Report, and the Salary Certificate of the deceased. It was held by the Tribunal that the bus was being driven by the driver of the bus of RSRTC with very high speed, negligently and rashly and caused the accident and crushed the deceased when he was driving the scooter for the purpose of delivering the wedding cards of his sister. He died on spot.
The appellant Corporation had taken up the plea that the bus was not involved in the said accident. The accident was witnessed by P.W. 3 Shyam Sunder. He has stated that the deceased was driving the scooter on its side and the bus had struck the scooter from behind, killing scooter driver on spot. The bus driver had ran away with the bus. The number of the bus was noted down by P.W. 3 Shyam Sunder, an independent witness. P.W. 4 Siya Ram is Investigating Officer, who had also recorded FIR No. 719/1997. After going through the evidence and documents available on record, the Tribunal had believed the statements of P.W. 3 "Shyam Sunder and came to the conclusion that the accident has been caused by offending bus.
The Salary Certificate of the deceased was produced who was bank employee. His date of birth is 11.1.1977. He was the only son of widow mother. The deceased was 21 years old at the time of accident. The Tribunal after deducting l/3rd amount of expenses of deceased himself assessed the dependency to be Rs. 2,000/- per month and applying the multiplier of 17 years awarded the compensation Rs. 4,08,000/- and Rs. 10,000/- has been awarded for other expenses. As such the total compensation Rs. 4,18,000/- has been awarded.
Learned Counsel for the appellant has not been able to convince the Court as to how the compensation so awarded is excessive. The compensation is based on the Salary Certificate of deceased, who was employee of nationalised Bank. He was the only son in the family having responsibility of old widow mother and three unmarried sisters. He was 21 years old at the time of accident. It is not disputed that so far the multiplier is concerned that has been fixed rightly.
After hearing learned Counsel for the appellant and going through the impugned award, I do not find any infirmity in the impugned award. The award is based on oral and documentary evidence. There is no merit in the misc. appeal.
Learned Counsel for the claimant submits that the amount of the compensation along with the interest has been paid by the appellant and the claim stands satisfied.
With the above observations, the misc. appeal is dismissed.