ABDULAZIZ MIYA AHMED VEKARIYA Vs. ROHITDAN BHARMAL GADHVI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant, original claimant, for enhancement of compensation awarded vide judgment and award dated 07.11.2003 passed by the Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar in M.A.C.P. No.393/1993 whereby, the claim petition was partly allowed and the appellant was awarded total compensation of Rs.73,800/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs, as against the total claim of Rs.4.00 Lacs.

(2.) THE aforesaid claim petition was preferred in connection with the vehicular accident that occurred on 06.02.1993 on the Mehtapura - Himmatnagar road involving an auto rickshaw bearing registration No. GJ-9T-719 and a Truck bearing registration No. GJ-12T-6088.

(3.) HOWEVER, so far as the multiplier is concerned, the same is on the lower side inasmuch as the appellant was aged 33 years at the time of accident and the Tribunal has adopted the multiplier of 5 only, which is contrary to the decision rendered by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121. As per the said decision, the appropriate multiplier is 16. Hence, total income under the head of future loss would come to Rs.1,15, 200/- [600 x 12 x 16]. The Tribunal has awarded Rs.36,000/- under the said head and hence, the appellant shall be entitled for additional amount of Rs.79,200/- under the said head.