RAMESH BANJIBHAI GODIYA Vs. GSRTC

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 (for short "the Act") is filed against the judgment and award dated 18.03.2000 passed by the Motor Accident Claims Tribunal (Aux) Rajkot District at Gondal in M.A.C.P. No.453 of 1995.

(2.) THE appellant- original claimant seeks enhancement of the awarded amount of compensation by applying a higher multiplier on the basis of decision of Sarla Verma (Smt) And Others Vs. Delhi Transport Corporation and another reported in (2009) 6 Supreme Court 121 in the facts and circumstances of the case.

(3.) IN this appeal, the learned advocate for the appellant has mainly raised the ground of incorrect application of multiplier by the Tribunal. Since the injured was aged about 30 years, multiplier of 17 ought to have been applied as per the decision of Sarla Verma's Case (Supra). So far as the above proposition of applying multiplier is concerned, no dispute is raised by the respondent, but it is submitted that the appellant-claimant was also equally negligent and contributory negligence of 10% is attributed to him, is not proper. It is therefore, submitted that the award and judgment of the Tribunal needs no interference.