SBCMA No.1546/2008 Prem Kumar & Anr. Vs. Smt. Bhikhi Devi & Ors. 1 SBCMA No.1546/2008 Prem Kumar & Anr. Vs. Smt. Bhikhi Devi & Ors. DATE OF ORDER : - 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Manish Dadhich, for the appellant. <><><> Heard learned counsel for the appellants. The appellants are aggrieved against the award dated 16th Nov., 2007 by which the Motor Accident Claims Tribunal, Bikaner in claim case no.346-A/2005 awarded total compensation of Rs.2,95,320/- to the claimants because of loss suffered by them due to the accident caused by the appellant Gopal Giri who was driver of the appellant No.1 Prem Kumar. According to learned counsel for the appellant, the tribunal committed error by exonerating the respondent Insurance Company. It is clear from the evidence available on record that this is not in dispute that the deceased Tulcha Ram was travelling in the goods transport vehicle and he was not the owner of the goods. According to learned counsel for the appellants also he was gratuitous passenger. SBCMA No.1546/2008 Prem Kumar & Anr. Vs. Smt. Bhikhi Devi & Ors. 2 In view of the above, the Insurance Company could not have been held liable for payment or for reimbursement of the compensation to the insured. The deceased was of the age of about 39 years and the tribunal assessed his income Rs.2190/- and deducted Rs.730 out of that income and held that claimants would have got Rs.1460/- per month from the deceased. The multiplier of 16 was applied. In view of the above reason, the award of total compensation of Rs.2,80,320/- cannot be said to be excessive in any manner. There is no other point raised. Hence, the appeal of the appellants is dismissed. (PRAKASH TATIA), J. c.p.goyal/-