MOHAMADRAFIK CHANDBHAI Vs. ISMAILBHAI RAJUBHAAI MALEK

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 07.02.1997 passed by the Motor Accident Claims Tribunal [Main] Nadiad, in M.A.C.P. No. 1281/1988, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.43,100/- along with interest @ 12% per annum from the date of the application till its realization, and proportionate costs.

(2.) THE facts in brief are that on 14.04.1988 at around 0145 hours, while the appellant was travelling in a rickshaw bearing registration no. GQG 634, at a particular place, on account of rash and negligent driving, the rickshaw turned turtle. As a result thereof, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. By way of this appeal, the appellant has claimed for enhancement of the amount of compensation.

(3.) SO far as multiplier adopted by the Tribunal is concerned, I find that the same to be on lower side since at the relevant time, the appellant was aged 22 years. In my opinion, the Tribunal ought to have adopted the multiplier of 18 in view of the principle laid down in the Sarla Verma (Smt,) & Ors. V Delhi Transport Corporation & Anr., (2009) 6 SCC 121,. Hence, the total loss of dependency would come to Rs.32,400/- [1800 x 18]. However, the Tribunal has awarded Rs.21,600/- only under the head of loss of future income. Therefore, the claimants shall be entitled for additional amount of Rs.10,800/-