NARANBHAI UMABHAI MALI Vs. BHIKABHAI RATNAABHAI PATEL

JUDGEMENT

(1.) By way of this appeal, the original claimants have claimed for enhancement of the claim amount awarded by Motor Accident Claim Tribunal (Aux.), Palanpur in MACP No.165/1995 wherein the claim amount of Rs.1,50,000/= was fully allowed. The facts in brief giving rise to this appeal are as under :-

(2.) On 04.04.1995 at around 10.45 the deceased minor Meenaben was standing on the roadside near her father's shop in the Bhopanagar area of Deesa Town when truck bearing registration No.GJ 1 U 6373 came in a rash and negligent manner and dashed against Meenaben, as a result of which she sustained injuries and succumbed to the same. The deceased Meenaben was 7 years of age and was a student. The parents of the deceased therefore, filed the aforesaid claim application claiming Rs.1,50,000/= which came to be allowed. The present appeal is for enhancement of compensation.

(3.) Learned Counsel for the appellant Mr. S.M. Gohil has submitted that the Tribunal has committed error in deducting one third of the amount from the notional income assigned as if the Multiplier method were to be used and the appellants would be entitled to a claim amount of Rs.2,25,000/= as held in the case of Manju Devi Vs. Musafir Paswan reported in 2003 (0) GLHEL-SC 17208. Mr. Gohil has also relied on the decision of the Hon'ble Supreme Court in the case of Nagappa V. Gurudayal Singh and Ors. reported in 2003 (1) G.L.H. 225.