NATIONAL INSURANCE CO. LTD Vs. RASIKBHAI BHIKHABHAI BAROT

JUDGEMENT

(1.) THIS appeal has been filed by original opponent no.3 against the judgment and award dated 16.04.2004 passed by the learned Motor Accident Claims Tribunal (Auxi.), Dhrangadhra in M.A.C.P. No. 111 of 2000. M.A.C.P.No.111 of 2000 and M.A.C.P.No.114 o 2000 are arising from same accident and different claimants filed above petitions. Learned Tribunal after recording evidence partly allowed both the claim petitions. Against the award passed in M.A.C.P.No.111 of 2000, appellant herein ­ original opponent no.3 has preferred this appeal.

(2.) IT is the case of the claimant in M.A.C.P.No.111 of 2000 that accident took place on 25.02.2000 at about 7.30 p.m. on Morbi ­ Rajkot road. At that time, when the applicant was driving his Maruti car, truck came from opposite side with full speed on the wrong side and as a result, dashed with the Maruti car in which claimant was travelling. On account of accident, claimant received injuries resulting into permanent disablement and was admitted in hospital. Therefore, claim petition is filed by the claimant against the owner and insurer of the truck for getting compensation.

(3.) IT is submitted by Mr.Mehta, learned advocate for the appellant herein Insurance Company that Tribunal has not properly appreciated evidence on record. It is submitted that Tribunal has committed error in calculating 50% prospective income though considering the age of the claimant being 44 years, he is entitled to get 30% prospective income. It is also submitted that considering the age of the claimant being 44 years, proper multiplier should be 14 and instead of that, Tribunal has applied 15 multiplier and by that committed error. Learned for the appellant ­ Insurance Company has relied on the decision of Hon'ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported in (2009) 6 SSC 121 in support of his submissions. Therefore, it is requested to allow the appeal.