NAYANABEN KARSANBHAI VANKAR Vs. MUSTUFA YUSUFBHAI SUBAN

JUDGEMENT

(1.) Present appeal is filed by the original claimants for enhancement and also on the ground of negligence considered by the tribunal.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 17/3/2008 passed by the learned Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar in Motor Accident Claims Petition No.1002 of 2002, whereby the Tribunal has partly allowed the claim petition and awarded Rs.3,85,000.00 towards compensation to the legal heirs of the deceased.

(3.) Present appellant has filed present appeal mainly on two counts (1) that the learned Tribunal has committed an error while determining the quantum of the amount of compensation and (2) that the learned Tribunal has committed an error while coming to the conclusion that 30% negligency on the party of the deceased and therefore, the amount of Rs.1,15,500.00 was reduced from the total amount of compensation and thereby learned Tribunal has committed an error. The learned Tribunal has also committed an error by applying the wrong multiplier and therefore present appeal is filed.