RASILABEN MANUBHAI Vs. HARESHKUMAR BALUBHAI MEHTA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 20.09.1999 passed by the Motor Accident Claims Tribunal, Bhavnagar, in M.A.C.P. No. 2 of 1998, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.3,75,000/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 03.05.1997 at around 0945 hours, while Manubhai Balabhai was going on his cycle towards Vidyutnagar Society, at a particular place, the driver of the truck bearing registration no. GTP 8770 respondent no. 1 herein, in a rash and negligent manner dashed the truck with the cycle. As a result thereof, Manubhai sustained severe bodily injuries and subsequently he died. THE legal heirs of the deceased, appellants herein, filed claim petition, which came to be partly allowed, by way of the impugned award. By way of this appeal, the appellants have 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 deceased was aged 30 years. In my opinion, the Tribunal ought to have adopted the multiplier of 17 in view of the principle laid down in the Sarla Verma's case (Supra). Hence, the total loss of dependency would come to Rs.4,59,000/- [27,000 x 17]. However, the Tribunal has awarded Rs.3,60,000/- only under the head of loss of dependency. Therefore, the claimants shall be entitled for additional amount of Rs.99,000/-