JASWANTSINH RAMSINH RATHOD Vs. RAKESHBHAI AMARSINH PUVAR

JUDGEMENT

(1.) BY way of the present appeal, the appellants original claimants have challenged the judgment and award dated 3.8.2009 passed by the Motor Accident Claims Tribunal (Main) Sabarkantha @ Himmatnagar in M.A.C.P. No.714 of 2007.

(2.) THE brief facts of the case are that on 18.3.2007 at about 12.00 p.m., deceased minor Dilipsinh was going on his bicycle towards Deshotar Shaktinagar to Idar Valasna road near western side of farm of Patel Shankarbhai Venabhai and at that time, opponent No.1 driver of the Jeep No.GJ -9 -V -7023 came by driving his Jeep in rash and negligent manner and dashed with the bicycle of deceased minor Dilipsinh as a result of which he fall down on the road and sustained serious injuries and died due to vehicular accidental injuries.

(3.) MR . M.I. Mansuri, learned counsel appearing for the appellant has submitted that the compensation awarded by the Tribunal is on the lower side. Further, the Tribunal has erred in awarding only 2/3rd dependency benefit to the present appellants from the income of the deceased. He has further submitted that the Tribunal has erred in not considering future prospective income of the deceased. He has further submitted that the Tribunal has fallen in error while taking multiplier of 15 as looking to the age of the deceased as 17 years at the time of accident, the appropriate multiplier would have been 16. He has, therefore, submitted that the impugned award of the Tribunal may be modified accordingly.