JASHUBEN PRABHATCHANDRA PATEL Vs. KALYANSING SHRIMANSING SAKHAVAT

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 21 -1 -2004 passed by the Motor Accidents Claims Tribunal (Main), Navsari, in MACP No. 97 of 2000 whereby the Tribunal has awarded compensation of Rs.9,85,000/ - with interest at the rate of 10% per annum from the date of petition till realisation and with proportionate cost.

(2.) CLAIM petition was filed by the heirs and legal representatives of the deceased -Prabhatchandra Patel claiming Rs.20,00,000/ - as compensation for his death which is alleged to have been caused in an accident which took place on 17 -8 -1999 when Government Jeep Car No.GBO -9929 in which the deceased was travelling to attend a Government meeting at Ahmedabad reached near Kataria, one tanker No.GJ -6 -V -8095 coming from the opposite direction dashed with the said jeep car and another tanker No.GJ -6 -W -7869 coming behind the Jeep Car also dashed with the said Jeep Car resulting into the death of Prabhatchandra Patel and driver of the jeep and injuries to other persons travellling in the jeep. Upon service of summons and after hearing the learned counsel for the parties and considering oral as well as documentary evidence on record, impugned award was passed by the Tribunal giving rise to the present appeal by the original claimants for enhancement.

(3.) CONSIDERING the age and income of the deceased and applying the multiplier as per the judgment of Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported in (2009)6 Supreme Court Cases page 121, this Court is of the opinion that if additional compensation of Rs.5,25,000/ - is awarded to the original claimants to be paid by original respondent Nos.3, 6 and 10 in the sum of Rs.1,75,000/ - each with running interest @ 10% per annum, ends of justice would be met.