NATIONAL INSURANCE CO LTD Vs. UMESHBHAI VISABHAI PARMAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 14.08.2006 passed by the Motor Accident Claims Tribunal [Main] Rajkot in M.A.C.P. No. 582 of 2005, whereby the claim petition was allowed and the original claimants were awarded total compensation of Rs. 2,04,500/- along with interest @ 10% per annum from the date of the application till its realization.

(2.) The original claimants had filed application under Section 163A of the Motor Vehicles Act on account of death of minor Vipul in a motor vehicular accident that occurred on 27.05.2005. The said claim petition came to be partly allowed, by way of the impugned award, which is challenged in this appeal.

(3.) The learned counsel for the appellant submitted that the deceased was minor and the Tribunal has not properly assessed the notional income. The multiplier taken by the Tribunal is on higher side and that the Tribunal has followed the structured formula as per Second Schedule of the Act mechanically and such reliance has resulted into awarding higher amount to the claimant.