MULBAI KANJI GARVA Vs. DRIVER OF AMBASSADOR

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the common judgment and award dtd. 20/10/2014 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 228 of 2008, by which the Tribunal has awarded compensation of Rs.8,37,000.00 with 10% per annum interest to the claimants, holding Opponents No.2 and 3 i.e. owner and insurance company liable, jointly and severally.

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

(3.) Learned advocate for the appellant claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount awarded is on lower side as the Tribunal has not properly considered the various aspects; like injuries sustained by the claimant, permanent partial disability, etc. The claimant was earning Rs.9,400.00 per month. The Tribunal has committed error in considering the income of the claimant Rs.6,700.00 per month only, though there is documentary evidence available on record which suggests the monthly income of the deceased Rs.9,400.00. Therefore, he has submitted that the monthly income of the deceased should be considered more. He has further submitted that the Tribunal has not properly considered multiplier which is 11, which should be 13. He has submitted that prospective income is also not properly considered by the Tribunal, which should be more. He has further submitted that under the head of pain, shock and suffering, transportation, attendant and special diet, actuall loss of income and loss of amenities of life, the Tribunal has not properly considered the amount as it is required to be more in view of the decisions of Hon'ble Apex Court in the case of :- (i) Magma General Insurance Company Limited versus Nanu Ram and others reported in (2018) 18 SCC 130. (ii) National Insurance Company Limited versus Pranay Shethi reported in (2017) 16 SCC 680 (iii) United India Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780 (iv) New India Assurance Co. Ltd. v. Somwati and others, reported in 2020 (9) SCC 644 and (v) Syed Sadiq versus United India Insurance Company Limited reported in 2014 (2) SCC 735. Therefore, he has submitted that the amount is required to be considered by enhancing the award.