DANABHAI KANABHAI BHARVAD Vs. CHAUDHARI JESANGBHAI AVCHALBHA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 19.03.1986 passed by learned Motor accident Claims Tribunal (Aux), Junagadh in Motor Accident Claim Petition No.384 of 1984 wherein the Tribunal has awarded sum of Rs.18000/ along with interest at the rate of 6% per annum form the date of petition till its realization.

(2.) ONE Kanabhai Devabhai was returning home after grazing cattle. At that time a matador came and knocked him down. He sustained serious injuries as a result of which he died. The legal heirs therefore preferred the aforesaid claim petition wherein the aforesaid award came to be passed. The present appeal is at the instance of the original claimant for enhancement of compensation.

(3.) LEARNED Advocate for the appellant submitted that the amount of Rs. 100/ deducted towards the monthly contribution is on lower side. It should be Rs. 400/ per month or Rs. 4800/ per year. He further submitted that the multiplier of 9 ought to have been applied in view of decision of the Hon'ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. According to him, by applying multiplier of 9, the future loss of income of would come to Rs. 43200/ ( Rs. 4800/ x 9). He further submitted that an amount of Rs. 12000/ ought to have been awarded towards pain, shock and suffering.