BADHIBEN DEVABHAI MORI Vs. RAJSHIBHAI SAVDASBHAI

JUDGEMENT

(1.) BY way of this appeal, the present appellant-original claimants have challenged the judgement and award dated 31.01.2002, passed by the Motor Accident Claims Tribunal(Auxi.), Khambhalia, in M.A.C.T. No.309 of 1998, whereby the tribunal has awarded compensation in the sum of Rs.3,14,100.00 to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.

(2.) THE brief facts leading to filing of this appeal are that on 28.01.1998 one Devabhai was proceedings on his bicycle from Bhanvad to Pachatardi. At that time one jeep bearing registration No.GJP-2392 came from the wrong side and dashed the bicycle of Devabhai. As a result of the said accident, Devabhai sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No. 309 of 1998 before the Tribunal for compensation.

(3.) LEARNED Advocate for the respondents submitted that the tribunal has rightly assessed the negligence as the deceased has not taken due care while driving his bicycle. He further contended that the Tribunal ought to have granted the multiplier of 16, as per the decision of the Apex Court in the case of Sarla Varma and Ors. Vs. Delhi Transport Corporation, reported in 2009(6) SCC, 121 instead of 17.