BHIKHABHAI SHANABHAI PAREKH Vs. TARANALSINH KESARISINH

JUDGEMENT

(1.) BY way of this appeal under Section 110d of the Motor Vehicle Act, 1939, the appellant has prayed for enhancement of the compensation awarded to him by challenging the Judgment and Award dated 28. 02. 1985 passed by the Motor Accident Claims Tribunal (Auxiliary), Bharuch in Motor Accident Claim Petition No. 871 of 1986 whereby the Tribunal has awarded a compensation of Rs. 95,000/ -.

(2.) ON 25. 09. 1985, the deceased-Bhupesh Kantilal Shah and injured-Bhikhabhai Shantilal Parekh were going on motorcycle bearing No. GAF 4143 on camp side from Rajpipla to Village Vavdi on Rajpipla-Garudeshwar road. The injured-Bhikhabhai Shanabhai Parekh was pillion rider. The deceased was driving his motorcycle in moderate speed, slowly and on his left side and when they reached near four road crossing of Vavdi village, the offending jeep bearing No. GRE 5547 came in full speed from the opposite direction, which was driven by the respondent no. 1 in a very rash and negligent manner. He could not control his vehicle and dashed with the motorcycle of the deceased. Both were thrown away from the motorcycle and sustained serious injuries. The deceased died on the spot due to injuries sustained by him and the injured become unconscious and, hence, he was shifted to hospital and has been survived. The claimant filed Claim Petition No. 871/1986 before the Learned MACT, Bharuch, which passed the aforesaid award. Being aggrieved by the aforesaid award, the appellant has preferred this appeal so far as the compensation.

(3.) LEARNED counsel for the appellant has contended that the Tribunal has not properly considered the future income, future loss of income and the Tribunal ought to have granted multiplier of 20 as claimed by the appellant before the Tribunal, however, has fairly considered the actual principles on the basis of schedule under the new act. Raising the above contention, it is submitted that the claimant is entitled to multiplier of 18.