PATEL BACHUBHAI NARANBHAI Vs. DALPATGIRI GARJRAJGIRI

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 28.08.1998 passed by the Motor Accident Claims Tribunal Amreli in Motor Accident Claims Petition No. 172 & 216 of 1992 so far as the Tribunal awarded only Rs. 49,000/- and Rs. 71,920/- respectively as compensation with interest and costs.

(2.) IT is the case of the appellants that on 15.06.1992 while the deceased Gabharubhai and the injured claimant Dalpat Vaghji were going on a motorcycle bearing registration no. GJ-3-C-6510, a jeep bearing registration No. GAX 9173 came from the opposite direction in a rash and negligent manner and dashed with the motorcycle as a result of which the one of the claimants Dalpat Vaghji sustained injuries whereas Gabharubhai succumbed to the same. The appellants therefore filed claim petition for compensation. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR. Trivedi further submitted that as far as the Motor Accident Claims Petition No. 216 of 1992 is concerned, the Tribunal has considered the income of the injured claimant on lower side and the same is required to be enhanced. He submitted that the Tribunal ought to have considered multiplier of 18 and calculated the amount of compensation accordingly.