LAWS(BOM)-2023-8-656

RATILAL Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED

Decided On August 18, 2023
RATILAL Appellant
V/S
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) The present appeal is filed by the injured Ratilal Kaneriya who met with an accident on 16/10/1999 and sustained injuries. He had filed Claim Petition bearing No. 563/2000 before learned Member, Motor Accident Claims Tribunal, Nagpur for claim of compensation of Rs.4,00,000.00.

(2.) The facts as per claimant are as under:-

(3.) The main ground for filing the present appeal is that, the learned lower Court (i.e. Motor Accident Claims Tribunal, Nagpur) wrongly held that there was contributory negligence in the accident and deducted 40% of amount from compensation. So also, it is contended that considering the age of the injured, the multiplier of 11 which was applied, is incorrect and it has to be of 13.