JASHIBEN ALIAS JASHODABEN Vs. SHAILESHBHAI BHAGWATIPRASAD PUROHIT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Main), Gandhinagar in MACP No.227/2007 by which the learned tribunal has partly allowed the said Claim Petition and has awarded a total sum of Rs.6,61,000/ - together with interest at the rate of 9% per annum from the date of the application till realization towards compensation for the death of the deceased -Shri Ambalal Hirabhai Prajapati, the appellants -original claimants have preferred the present First Appeal to enhance the amount of compensation awarded by the learned tribunal.

(2.) The facts leading to the present First Appeal in a nutshell are as under;

(3.) Shri Hiren Modi, learned advocate appearing on behalf of the appellants -original claimants has vehemently submitted that the learned tribunal has materially erred in considering the income of the deceased at Rs.9781/ - per month. It is submitted that while considering the income of the deceased for the purpose of awarding future economic loss, the learned tribunal has not at all considered the allowances, which were received by the deceased. It is submitted that the deceased was also getting / receiving HRA, Education allowance, Transport allowance, canteen allowance etc., which ought to have been considered by the learned tribunal for the purpose of awarding future economic loss to the family. It is further submitted by Shri Hiren Modi, learned advocate appearing on behalf of the appellants -original claimants that the learned tribunal has materially erred in applying the multiplier of 8 years while awarding the future economic loss. It is submitted that as the deceased at the time of the accident was aged 50 years (49 years and 11 months) considering the decision of the Hon'ble Supreme Court in the case of Sarla Verma (Smt) and Ors. Vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121 the learned tribunal ought to have applied the multiplier of 13 years.