MANIBEN TASUKHBHAI Vs. PATEL RANCHHODBHAI VALJIBHAI

JUDGEMENT

(1.) Heard learned Advocates Mr.J.R.Nanavati on behalf of the appellants-claimants, Mr.K.G.Sheth on behalf of respondent No.1 and Mr.R.C.Jani appearing on behalf of respondent No.2.

(2.) . In the present appeal, the claimants have challenged the award passed by the Motor Accident Claims Tribunal, Amreli in M.A.C.P.No. 11 of 1983, dated 2nd December 1983. The Tribunal has directed the respondents to pay the amount of compensation of Rs.50,750.00 with interest at the rate of 6% from the date of the petition till realisation of the amount and proportionate costs. The Tribunal has also apportioned the above amount as under: Rs.15,125/- to Claimant No. 1 and Rs.11,875/- each to Claimant Nos.2 to 4. The amount awarded to Claimant Nos.2 to 4, they being minor children, has been ordered to be invested in Scheduled Bank in long term deposit and the amount of interest and costs has been ordered to be paid to Claimant No.1.

(3.) . Learned Advocate Mr.J.R.Nanavati, appearing on behalf of the appellants-claimants has not challenged the Issue with respect to the negligence of the deceased. He has raised only one contention that, the compensation which has been awarded by the Tribunal is on a lower side and the appellants-claimants are entitled to compensation on a higher side. He submitted that the Tribunal has committed an error in applying the multiplier of 15 and the future prospects of income has not been taken into account while awarding the compensation and, therefore, the appellants are entitled to enhancement in the amount of compensation. He also submitted that the global amount as a whole which has been granted by the Tribunal i.e. Rs.5,000.00 is also on a lower side which includes the loss of expectation of life and consortium and therefore, the appellants are entitled to some more amount under this head. Except that, learned Advocate Mr.Nanavati has not raised any other contention.