LAWS(GJH)-2012-2-176

ANITA K JOSHI Vs. UNION OF INDIA

Decided On February 02, 2012
ANITA K JOSHI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 07. 4.1998 passed by the learned Motor Accident Claims Tribunal No.II (Aux), Ahmedabad in Motor Accident Claim Petition No. 467 of 1992 wherein the Tribunal has awarded a sum of Rs.37700/- along with interest at the rate of 12% per annum from the date of petition till realization.

(2.) THE case of the appellant was that on 28.5.1992 she was going on her Kinetic Honda and when she reached near Kankaria Foot-ball ground a Jeep car came and dashed with her kinetic. She fell down and sustained injuries. THErefore the aforesaid claim petition came to be filed wherein the impugned award was passed. This appeal is for enhancement of compensation.

(3.) HOWEVER, looking to the age and other circumstances of the case the multiplier of 7 taken by the Tribunal is on lower side and it should have been 15 years as per the ratio laid down in case of /*Sarla Verma *//*(Smt) and others versus Delhi Transport Corporation and another */reported in/*(2009) 6 Supreme Court Cases 121.*/ If multiplier is taken 15, the total amount would come to Rs.54000/-. The Tribunal has awarded a sum of Rs.25,200/- under this head. Therefore the claimant is entitled to additional sum of Rs.28800/-(Rs.54000/- - Rs.25200/-).