NATIONAL INSURANCE CO. LTD Vs. SUDHABEN ARUNSINH CHAUHAN

JUDGEMENT

(1.) THIS appeal has been filed by the original respondent No.5-National Insurance Company under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 31-1- 2005 passed by the learned MAC Tribunal(Aux.), Bharuch in MACP No.423 of 1994.

(2.) FACTS in short are that Motor Accident Claims Petition No.423 of 1994 was filed by mother of the decased Sanjaykumar Arunsinh under Sec.166 of Motor Vehicles Act claiming Rs.4,00,000/- as compensation for his death which is caused in a vehicular accident which occurred on 21-1-1994 near Village Umalla on Ankleshwar- Jhagadia Road when Metador No.GBW-9885 driven by the deceased dashed with ruck No.MP-09-7101 causing fatal injuries to the deceased. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.) IT is submitted by Mr.Mehta that although there are ample evidence on record to suggest that both the drivers are equally liable for the accident, the tribunal has committed error in holding that truck driver is negligent to the extent of 70% and deceased driver of Metador is negligent to the extent of 30%. It is further submitted that though deceased was unmarried, one- third is deducted towards personal expenses. It is further submitted that the tribunal has not applied proper multiplier as per the ratio laid down in Sarla Verma Vs. Delhi Transport Corporation reported in (2009)6 Supreme Court Cases page 121 and thereby committed error.