ANANDBEN MANUBHAI DEVAYATBHAI JALU Vs. BHAYABHAI SATABHAI BHARWAD

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants-original claimants being aggrieved and dissatisfied with the judgment and award dtd. 30/11/2007 passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) in Motor Accident Claim Petition No. 1902 of 1999.

(2.) Brief facts of the case are as under:

(3.) Learned advocate for the appellants-claimants has submitted that the Tribunal has committed in taking income of the deceased as Rs.2500.00per month and also granted meagre compensation under non pecuniary heads and also multiplier of 16 instead of 17. It is submitted that deceased was well qualified. He has passed various examination and also called for physical test for the post of unarmed PSI. He referred to page No. 159-Exh.48 to submit that deceased has also undergone physical test which is second stage of recruitment for unarmed PSI. Therefore, it is submitted that learned Tribunal has taken income on lower side. It is submitted that for non pecuniary heads, compensation may be granted in view of judgment of Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Shethi reported in (2017) 16 SCC 680 :.