NATIONAL INSURANCE COMPANY LTD Vs. REVABEN KODARJI THAKARDA

JUDGEMENT

(1.) A neat question of law which requires consideration in this appeal is whether the age of deceased, a bachelor, should be considered or the age of the parents to adopt appropriate multiplier for determining the compensation.

(2.) The background facts giving rise to this appeal in short are that on the day of accident i.e. on 27.06.2010 deceased Lalji @ Gopalji Kodarji Parmar had gone to load soil in tractor No.GJ-9-8281 and after loading the soil in trolley attached to the tractor No.GJ- 9-8281 he was travelling in the trolley attached to the tractor No.GJ-9-8281 and going tawards Gombhoi, and as the driver of the tractor drove his vehicle towards petrol pump at Gamhoi, to fill the petrol in the tractor, and passing near karanpur canal in moderate speed and its correct side at that time opponent No.1-driver of qualis car No. GJ-6- CM-2139 drove his vehicle in rash and negligent manner, with full speed and dashed the back side of trolley attached to the tractor No.GJ-9-8281, therefore, the trolley was stationed in slash conditio and at that time opponent No.4-driver of Tata Sumo Car No.GJ-6-AB-8632 also drove his vehicle in rash and negligent manner, with full speed and dashed the back side of qualish car No. GJ-6- CM-1239, therefore, the trolley attached to the tractor No.GJ-9-8281 got overturned and Lalji @ Gopalji Kodarji Parmar travelling in the said trolley as a labourer crushed under the said trolley and sustained fatal injuries and died. Therefore, petitioners have filed present claim petition to recover Rs. 4,89,500/- from the opponents under section 163-A of the M.V. Act.

(3.) The Tribunal by the impugned judgment and award dated 25.02.2013 partly allowed the Claim Petition and directed the appellants and respondent Nos. 3 to 6 to pay the compensation of Rs. 3,64,500/- with 8% interest and proportionate costs.