VIRENDRABHAI HIMATLAL SHAH HUSBAND Vs. ASHUTOSH SHANKERLAL GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 21.07.1999 passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No.362/1991 whereby, the claim petition was partly allowed and the original claimant was awarded total compensation of Rs.96,100/- along with interest at the rate of 15% per annum from the date of application till its realization.

(2.) THE aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 03.02.1991 at around 2140 hrs. near Fatehpura area of Ahmedabad City involving a Scooter bearing registration No. GUR 8862 driven and owned by respondent no.1 and insured with respondent no.2-Insurance Company. As against the total claim of Rs.2.00 Lacs, the Tribunal partly allowed the claim petition by awarding Rs.96,100/- only and hence, the present appeal for enhancement of compensation.

(3.) HOWEVER, so far as the aspect of quantum of compensation is concerned, it appears that the multiplier adopted by the Tribunal is on the lower side since it is contrary to the decision of the Apex Court rendered in Sarla Verma's case (supra) wherein, the multiplier of 14 has been provided for claimants of the age group of 41 ? 45. By adopting the multiplier of 14, the total income under the head of future loss would come to Rs.33,600/-. The Tribunal has awarded Rs.19,400/- under the said head and hence, the claimant is entitled to get additional amount of Rs.14,400/- but, after deducting 30% amount towards negligence, the claimant shall be entitled to get Rs.10,080/- as additional compensation. So far as compensation awarded under other heads are concerned, the same are just and appropriate and hence, are not disturbed.