KOKILABEN BANSILAL RANA Vs. BALWANTSINH VELUBHA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and award dated 19.7.2003 passed by learned Motor Accident Claims Tribunal, Ahmedabad (Rural) in M.A.C.Petition No.741 of 1994.

(2.) THE brief facts leading to filing of this appeal are such that on 19.2.1994 at about 3.30 p.m., deceased Bansilal Dhanjibhai Rana was proceeding towards S.T.stand road on the left side by walking and at that time one S.T.Bus No.GRS8054 came from S.T.stand in rash and negligent manner and dashed with deceased Bansilal because of which he fell down and sustained severe injuries on the head and he succumbed to the injuries. Therefore, the legal heirs of deceased Bansilal filed the above referred claim petition which was decided by the judgment and award referred hereinabove, wherein the learned Tribunal awarded Rs.3,31,880/ - from all the opponents jointly and severally with 9% interest per annum from the date of the petition till realization. Hence, this appeal is filed for enhancement of the said compensation.

(3.) HEARD learned advocates for the parties. Learned advocate Ms.Acharya for the appellants submits that the learned Tribunal has not applied multiplier properly and by that committed error in awarding compensation at lower rate. She also submits that in view of the judgment delivered in the case of Sarla Verma (Smt) and others V/s. Delhi Transport Corporation and Another, 2009 6 SCC 121, 1/5th of the income should be deducted towards personal expenses of the deceased and the learned Tribunal has committed error in deducting 1/3rd towards personal expenses and by that committed error and hence this appeal is required to be allowed. Learned advocate Mrs.Bhatt appearing for respondent no.2 submits that the award is just and proper and not required to be interfered with by this Court and prayed to dismiss this appeal.