NATIONAL INSURANCE COMPANY LIMITED Vs. MANABHAI BHURABHAI DAMOR

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 10.10.2006 of the Motor Accident Claims Tribunal, Godhra in MAC Petition No.1832 of 2004 awarding compensation of Rs.2,39,500/ - to the heirs of Mohanbhai Manabhai Damor who died at the age of 22 years in a motor vehicle accident on 26.6.2004 when the deceased was travelling in a rickshaw insured by the appellant -Insurance Company.

(2.) SINCE the rickshaw in question turned turtle and the deceased sustained serious injuries and succumbed to them during the medical treatment in a hospital, the Tribunal had no hesitation in holding the rickshaw driver responsible for the accident in question.

(3.) MR Mehul Sharad Shah, learned advocate for the appellant -Insurance Company has submitted that since the younger brother of the deceased was aged 20 years on the date of the accident and the father of the deceased was aged 60 to 63 years on the date of the accident (as stated in the evidence of the brother), the multiplier of 11 years adopted by the Tribunal was very much on the higher side and could not have been more than 5 years. It is also contended that the Tribunal erred in awarding compensation of Rs.15,000/ - for pain, shock and suffering although the deceased survived for barely one day after the accident.