URMILABEN HASMUKHBHAI PATEL Vs. GSRTC

JUDGEMENT

(1.) THIS appeal has been filed by the original claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 23-7-2008 passed by the learned 6th Addl. District Judge, MACT (Aux.), Vyara, District Surat, in MACP No.152 of 2007.

(2.) FACTS in short are that claim petition was filed by the wife and children of the deceased -Hasmukhbhai claiming Rs.10,00,000/- as compensation for his death which is caused in a vehicular accident which occurred on 20-12-2006 at about 6.30 p.m. on National Highway No.8 near Amravati Pool, Ankleshwar. It is inter alia contended that the deceased was a Conductor in ST Bus No.GJ-18- V-7338 and when it reached at the site of the accident, due to rash and negligent driving of its driver, bus turned turtle 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.) THE learned advocate, Mr.Amit Thakkar for the appellant has restricted his arguments only on the multiplier applied in calculating compensation. It is submitted that the deceased was aged 49 years at the time of accident and, therefore, as per the ratio laid down in Sarla Verma Vs. Delhi Transport Corporation reported in (2009)6 Supreme Court Cases page 121, proper multiplier would be 13, however, the Tribunal has applied the multiplier of 6 and committed an error. It is therefore requested that the impugned award be enhanced to that extent.