NATIONAL INSURANCE CO LTD Vs. THAKKAR GHANSHYAMBHAI CHIMANLAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 31.01.2005 passed by the Motor Accident Claims Tribunal [Main], Kheda at Nadiad in M.A.C.P. No. 256 of 2003, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.3,88,500/- along with proportionate costs and interest @ 9% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 02.10.2003, while Tejasbhai who was a pillion rider on the motor cycle bearing no. GJ-7-AJ-3655, opponent no. 1 who was the owner and driver of the said vehicle, in a rash and negligent manner lost the control over the vehicle in question, as a result of which, Tejasbhai sustained severe bodily injuries and thereafter he died. THE legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award.

(3.) IN view of the above, it is clear that the Tribunal is not required to strictly apply the multiplier except in a case of injuries and disabilities and has to follow the second schedule in fatal cases. As per Second Schedule, the relevant figure of compensation is Rs.4,32,000/-. After deducting 1/3