KANJIBHAI TARSI KOLI Vs. KANJI MADEVA SODHA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988, [the Act, hereafter] for enhancement of compensation is at the instance of a claimant in a proceeding under section 163.A of the Act and is directed against an award dated 28th February 2005 by the Motor Accident Claims Tribunal [Main], Kachchh at Bhuj, in M.A.C.P. No. 312 of 2004 thereby awarding a sum of Rs.1,59,600 -00 with interest at the rate of 9% per annum from the date of filing of the application till payment.

(2.) IT appears that the victim died due to the injuries caused by an auto rickshaw bearing registration No. GJ.12.W.0039. There is no dispute that the deceased was aged 7 years.

(3.) THE learned Tribunal below followed the Second Schedule of 163.A of the Act but applied the multiplier of 15, and arrived at the figure of Rs.1,59,666/ -, whereas according to the appellants, , the amount should come to a figure of Rs.2,04,500/ -.