BALKRISHNA PUNJALAL PANCHAL Vs. RAJKUMAR SURYABALI SAROJ

JUDGEMENT

(1.) The present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award passed by the Motor Accident Claims Tribunal (Asst.) Fast Track Court, Valsad on 15/7/2008 in Motor Accident Claim Petition No. 1 of 2006.

(2.) The brief background of the case is that on 16/7/2005 at about 4:00 PM in the evening hours, deceased Rajekumar Balkrishna Panchal was driving motorcycle bearing registration no. GJ-15-Q-5357 towards Vapi Udyognagar Sardar and at that time, opponent no. 1 - Rajkumar Suryabali Saroj was driving recklessly at high speed tanker bearing registration no. MH-04- F-5482 and dashed the present motorcycle on account of which the deceased succumbed to the injuries and died.

(3.) In the present appeal multiple grounds are raised with regard to quantum of amount which has been awarded and as such, with the request of the learned advocates the present appeal is taken up for hearing in which, learned advocate Mr. Amit Patel appeared on behalf of the appellant and has submitted that while awarding the compensation, the learned Tribunal, Fast Track Court, Valsad was pleased to award a very meager amount and also applied wrong multiplier. It has been submitted that the monthly salary was Rs.3,250.00 as per the salary certificate at Exhibit-30 and further considering the oral as well as documentary evidence, has indicated clearly that the figure of salary which has been arrived is erroneous and by contending that looking to the age of the deceased at the relevant point of time, the multiplier which has been applied is also not correct and as such, has submitted a chart indicating roughly what would be the enhanced amount of compensation payable to the appellants