BAHADURBHAI BHANABHAI PATEL Vs. NAVINBHAI BHIKHABHAI VASAVA

JUDGEMENT

(1.) 1 First Appeal No.3210 of 2013, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - original claimant, being aggrieved and dissatisfied with the judgment and award dtd. 5/5/2012 passed by the Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claim Petition No.101 of 2007, by which the Tribunal has awarded compensation of Rs.11,03,629.00 with 9% per annum interest to the claimant, holding Opponents i.e. driver, owner and insurance company of the truck liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Amit Chaudhari for the appellant - original claimant has submitted that the Tribunal has committed error in considering the income of the claimant. He has mainly contended that looking to the age of the claimant, the Tribunal has not properly considered the multiplier, which should be calculated more considering the catena of decisions of the Hon'ble Apex Court. He has submitted that the claimant was going on motorcycle and the truck was dashed from back side of the motorcycle, therefore, he has submitted that the negligence should be 100% of the truck driver. He has submitted that the compensation be enhanced by allowing the appeal and the appeal of the insurance company may be dismissed.