GSRTC Vs. LALUBHA T SERVAIYA

JUDGEMENT

(1.) HEARD learned Advocate Ms. Mayaben Desai for appellant GSRTC and learned Advocate Ms. Amita Shah for respondents claimants.

(2.) BY filing this appeal, appellant has challenged award made by claims tribunal Ahmedabad Rural at Ahmedabad in claim petition No. 420 of 1981 dated 7.2.1984 wherein claims tribunal has awarded compensation of Rs. 77000.00 with proportionate costs and interest at rate of 6 per cent per annum if payment of compensation is made to claimants within three months and if they fail to pay said amount within said stipulated period, then, to pay same with interest at rate of 12 per cent per annum.

(3.) LEARNED Advocate Ms. Mayaben Desai for appellant submitted that claims tribunal has committed gross error in not appreciating evidence of driver Exh. 29. She also submitted that claims tribunal has committed gross error in relying upon evidence of Mansukhbhai Kanjibhai Exh. 24 who was having fruit lorry out side compound gate where accident had taken place. She also submitted that income of deceased has also been assessed wrongly and same is on higher side. She has submitted that deceased was aged 24 years, therefore, dependency is to be considered 1/3rd amount from income of deceased. She also submitted that multiplier of 15 applied by claims tribunal is also on higher side. She further submitted that claims tribunal has committed gross error in not considering age of parents while applying multiplier. She submitted that according to apex court de cisions, while applying multiplier, age of deceased or age of parents whichever is higher is to be considered but that principle has not been taken into consideration by claims tribunal while applying multiplier and, therefore, compensation awarded by claims tribunal is on its higher side.