GSRTC Vs. KALPANABEN

JUDGEMENT

(1.) BY way of this appeal the appellant-original opponent No.2 has challenged the judgment and award dated 20.01.1992 passed by the Motor Accidents Claims Tribunal (Aux.) Ahmedabad (Rural), in M.A.C. Petition No.930 of 1982, whereby the tribunal has awarded in the sum of Rs. 7,40,700/- as compensation to the original claimants with interest at the rate of 15% per annum from the date of application till realization.

(2.) THE brief facts leading to filing of this appeal are that on 03.10.1982 one Dr. Dineshchandra Doshi, was returning from Botad to Ahmedabd, at that time one S.T. bus bearing registration No. 9951 was trying to overtake with another S.T. bus bearing registration No. 8215 and in that course accident was occurred. In the said accident one Dr. Dineshchandra Doshi, was sustained grievious injuries and he died on the spot. THErefore, the heirs of the deceased filed claim petition being M.A.C.P. No.930 of 1982, before the Motor Accidents Claims Tribunal (Aux.) Ahmedabad (Rural). 2.1. THE learned Tribunal after hearing the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the present appellant.

(3.) I have heard learned counsels appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. While considering the case of the claimants the tribunal has discussed about the evidence at Exhibits-18, 81 and 89. So far as the income part of the deceased is concerned, I am of the opinion that the tribunal has rightly calculated the income of the deceased. However, in view of the decision of this Court in the case of Ahmedabad Municipal Transport Service Vs. Manikben, widow of Bithalibhai Damji Chawda and Ors. reported in GLR 1982, page 575 the contentions raised by the learned counsel for the appellants are required to be accepted . Therefore, multiplier of 15 is just and proper and interest at the rate of 12% in stead of 15%.