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1998 Supreme(Raj) 20

D.C.DALELA
Rajasthan State Road Transport Corporation – Appellant
Versus
Kanchan Bai – Respondent


Advocates Appeared:
Virendra Agrawal, for the Appellant

Judgment

D.C. Dalela, J.-This case has been listed for final disposal, in the cause-list, in pursuance of the order dated 26.2.1997, passed in the file of Stay Application No. 386 of 1995. Consequently, I have heard the arguments on the merits of the appeal.

2. Theowner of the vehicle, involved in the accident, has preferred this appeal, feeling aggrieved by the amount of compensation of Rs. 1,64,000, awarded by the learned Motor Accidents Claims Tribunal, Chhabra (Baran), in favour of the claimant-respondent Nos. 1 and 2. In this accident, a boy, student of class VIII has died and the learned Tribunal, on the basis of anticipated income, has estimated the value of dependency as Rs. 1,200 per month, after taking into account the future prospects and increase in earnings;. The learned Tribunal determined the multiplier as 10 and with reference to this multiplier, the learned Tribunal assessed the total loss of dependency as Rs. 1,44,000.

3. Theargument of the learned counsel for the appellant is that the deceased boy was a student of class VIII and was earning nothing and, therefore, the learned Tribunal fell into error in calculating the value of dependency on the hypothetical inco







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