PRUTHVISINH JITESINH CHAUHAN Vs. KISHANCHAND VAGHUMAL

JUDGEMENT

(1.) The appellants-claimants, being partly aggrieved by the award dated 30th August, 1982 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad in M.A.C.P. No.21 of 1981, is before this Court seeking enhancement in the awarded amount.

(2.) As none appears to tell me that any cross objections or cross appeal have/has been filed by them challenging the findings relating to rashness, negligence, liability or accident, it would not be necessary for me to discuss the facts in detail, but, I would be required to concentrate on the question of quantum only.

(3.) The learned Tribunal below has held that the yearly dependency could be Rs.4,200/- only. In the opinion of this Court, the said finding is based upon due appreciation of evidence, but, the learned Tribunal below went wrong in applying the multiplier of 15 (fifteen) in case of a young person, who was only 22 years of age and was to see many colours of life. In my opinion, the multiplier of 18 (eighteen) would be proper application. Under this head, I hold that in addition to what has been awarded under the head of dependency the claimants would be entitled to an additional sum of Rs.12,600/- with 6% interest from the date of application till the date of realisation.