LAWS(GJH)-2012-3-365

TRIBHOVANBHAI GANESHBHAI Vs. AMERBEN NANUBHAI

Decided On March 23, 2012
Tribhovanbhai Ganeshbhai Appellant
V/S
Amerben Nanubhai Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 21.09.1996 passed by the Motor Accident Claims Tribunal [Main] Bhavnagar in M.A.C.P. No. 73 of 1995, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,64,000/ along with interest @ 15% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 16.01.1995 at around 0200 hrs., while Nanubhai was going on a Scooter bearing No. GJ4E2364, as a pillion rider, at a particular place, the driver of the Truck bearing no. GJ2T6873, on account of rash and negligent driving dashed the scooter from the behind, as a result of which, Nanubhai sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.

(3.) ON behalf of respondent no.1, it has been submitted that the compensation awarded is just and appropriate. However, the multiplier adopted by the Tribunal is on lower side.