RAJGOR ASHOKBHAI DINESHBHAI Vs. CHAUDHARI PRATAPBHAI FULAJIBHAI

JUDGEMENT

(1.) IN connection with the vehicular accident that took place on the Nagalpur ? Vikasnagar Road involving the Jeep bearing registration No.GJ-2-T-2667 in which the appellant, original claimant, sustained severe bodily injuries, a claim petition being M.A.C.P. No.627/1996 came to be filed before the Motor Accident Claims Tribunal (Aux.), Mehsana claiming total compensation of Rs.1.00 Lacs. The said claim petition came to be partly allowed by impugned judgment and award dated 07.04.2006 whereby, the appellant was awarded total compensation of Rs.38,900/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs. Being dissatisfied with the amount of compensation, the appellant, original claimant, has preferred the present appeal for enhancement.

(2.) THE main grounds under which the appellant has prayed for enhancement is that the income assessed by the Tribunal is on the lower side. It is submitted that the Tribunal ought to have adopted the multiplier of 18 instead of 15 in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121. Further, the amount awarded under the head of pain, shock and suffering is also on the lower side. Under no other grounds, the appellant has prayed for enhancement of compensation.

(3.) SO far as the amount awarded under the other heads are concerned, including the head of pain, shock and suffering, I find the same to be just, legal and appropriate. Hence, I find no reasons to enhance the amount awarded under any other grounds.