DAXABEN ARVINDKUMAR DAVE Vs. MULJIBHAI A. MAHERIYA

JUDGEMENT

(1.) ADMIT . Shri Ankit Pandya, learned advocate waives service of notice of admission on behalf of respondent no. 1 and Shri Vibhuti Nanavati, learned advocate waives service of notice of admission on behalf of respondent no. 2. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties and more particularly, when the issue involved in the present appeal is in very narrow compass with respect to number of multiplier, present appeal is taken up for final hearing today.

(2.) FEELING aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal, Ahmedabad dated 24.09.2013 passed in MACP No. 1067 of 2007, the appellants herein original claimants have preferred present First Appeal.

(3.) SHRI Rahul Dholakia, learned advocate for the original claimants has vehemently submitted that the learned Tribunal has materially erred in awarding future economic loss applying the multiplier of 9. It is submitted that the age of the deceased at the time of accident/death was 55 years and therefore, considering the decision of the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation reported in : (2009) 6 SCC 121, the learned Tribunal ought to have awarded future economic loss applying multiplier of 11. Therefore, it is requested to allow the present appeal to the aforesaid extent and modify impugned judgment and award passed by the learned Tribunal accordingly to the aforesaid extent.