ORIENTAL INSURANCE COMPANY LTD Vs. JASHUBEN

JUDGEMENT

(1.) LEAVE granted. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 22. 11. 2006 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in First Appeal No. 4586 of 2006 dismissing the appeal preferred by him.

(2.) CLAIMANTS-RESPONDENTS herein are heirs and legal representatives of davjibhai Kushalbhai Rathod. He, while travelling in a mini luxury bus as a passenger from Surat to Mehsana, met with a road accident which took place on 23. 6. 1994. The accident occurred due to rash and negligent driving on the part of the driver of the said mini bus is not question.

(3.) THE Tribunal, clubbed the income of the deceased which he might have got at the time of his retirement, i. e. , Rs. 3,295/- + Rs. 17453/-, totaling a sum of Rs. 20,748/- and divided the same by figure two to arrive the figure of at Rs. 10,374/- per month. Adopting a multiplier of 16, the amount of compensation was determined at Rs. 13,27,872/ -. Besides the compensation amount, amount of gratuity, conventional amount and funeral expenses were calculated as follows : <FRM>JUDGEMENT_169_TLPRE0_2008Html3.htm</FRM>