1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.860/1994 (Chandan Singh and ors. Vs. Mazid Khan and ors.) Date of Judgment : 17-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.V.V.Harit,for the appellants. Mr.J.K.Yadav for Mr.Sourabh Purohit, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Devendra Singh for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 2.6.1994 whereby a sum of Rs.1,35,000/- was awarded by way of compensation for the death of deceased in the accident. 3. Learned counsel for the appellant has challenged the impugned Judgment & Award of the Tribunal on the ground that the finding of the learned Tribunal pertaining to 50% negligence on the part of the deceased is unsustainable as the accident occurred on account of entire negligence on the part of the bus driver and not on account of negligence of deceased Devendra Singh who 2 was driving the Tanker No.MMS-795 at the time of accident. It is submitted that the multiplier of 10 has been adopted by the learned Tribunal which deserves to be enhanced in view of the age of the mother under second schedule to the M.V.Act. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that the finding of the learned Tribunal that both the drivers of the vehicles were negligent to the extent of 50%, is justified on the basis of evidence adduced in the matter. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that at the time of accident, driver of the Tanker i.e. Devendra Singh-deceased was coming from the side of Amer and going towards Ajmer while the bus No.RND-5280 was coming from the side of 3 Jaipurcity and was going to Agra. On perusal of the evidence collected during investigation, it is clear that left front side of the bus came in contact with the right side rear wheel of the Tanker. It is further proved from the evidence led by the claimants as well as from the testimony of the driver of bus i.e. AW-1 Mazid Khan that the Tanker had almost crossed when right side of rear wheel of the Tanker was hit by the bus. The negligence at the part of the bus driver in causing accident is further corroborated by the evidence of eye witness AW-2 Gopi Ram and AW-3 Ashok Joshi. Therefore, the finding of the learned Tribunal that both the vehicles were negligent to the extent of 50% is unsustainable and same is set aside as the entire negligence is found to be of RSRTC bus. As regards the quantum of compensation, it may be noted that AW-1 Smt.Jugender Kaur is the mother of the deceased and whose age has been found to be 55 years by the learned Tribunal. The finding of the learned Tribunal is perfectly justified as she has stated her age to be 60-65 years when her statement was recorded 4 in the year 1989, while the accident is of year 1984 and that lady had six more issues/children elder to the deceased. Thus the compensation deserves to be assessed by adopting appropriate multiplier of 11 under second schedule to the M.V.Act taking it to be a guideline. The earning of the deceased has not been specified by AW-1, Smt.Jugender Kaur, mother of deceased but she has deposed that deceased was giving Rs.1000/- to her and that has been taken to be the amount of dependency at the time of death of deceased by the learned Tribunal. The learned Tribunal has awarded RS.15,000/- for loss of love and affection etc. and that call for no interference. The amount can be computed as under: 1000x12x11(multiplier)=1,32,000+15,000 (already awarded by Tribunal for loss of love and affection etc.)=1,47,000-67,500 (already awarded by Tribunal under the Award)= 79,500/- (to be additionally awarded). 6. Accordingly, appeal of the appellant/s is partly allowed and the Award passed by 5 the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.79,500/- by way of additional enhanced compensation from the date of filing of claim petition with 9% interest to be paid within three months. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.9