LAWS(BOM)-2024-4-48

SAHEBRAO HARI SHELKE Vs. RAHUL HIRALAL SURE

Decided On April 18, 2024
Sahebrao Hari Shelke Appellant
V/S
Rahul Hiralal Sure Respondents

JUDGEMENT

(1.) Present Appeal is directed against the Judgment and Award dtd. 30/8/2013 passed by the learned Chairman, Motor Accident Claims Tribunal at Aurangabad in Motor Accident Claim Petition No. 402 of 2010 to the extent of enhancement of compensation.

(2.) The facts giving rise to the present appeal are as under:

(3.) The learned counsel appearing for the appellants canvassed that the learned tribunal failed to consider the gross income of Rs.4,000.00 per month of the deceased and only granted Rs. Two lakhs towards loss of dependency without considering the future loss of income. Though the learned Tribunal has held that the deceased Sanjay was 15 years of age at the time of accident, however, wrongly applied the multiplier of '13' instead of '15' as per the ratio laid down in the case of Sarla Verma Vs. Delhi Transport Corporation, reported in (2009) 6 SCC 121.