CHANDRAKANT NATWARLAL PATEL Vs. CHAUDHARI JESANGBHAI AVCHALBHA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 29.04.1995 passed by the Motor Accident Claims Tribunal (Main), Bharuch in M.A.C.P. No. 935/1986 whereby, the claim petition was partly allowed and the original claimants were awarded compensation of Rs.2.35 Lacs along with interest at the rate of 12% per annum with proportionate costs.

(2.) THE facts in brief are that deceased Shashikant Devjibhai Patel was the husband of respondent no.1 and son of respondents no.2 & 3. On or about 11.06.1986, during the night hours, while the deceased was riding as a pillion on the motor-cycle bearing registration no. GRJ 735 driven by one of his friends, they had to halt on the side of the road on account of increase in the number of vehicles that were coming from the opposite direction. During that time, a Truck bearing registration no. GRR 4491, belonging to the ownership of appellant no.1 and insured with appellant no.2, dashed the motor-cycle from the behind. In that accident, the deceased sustained severe bodily injuries and ultimately, succumbed to the injuries. THErefore, claim petition was filed before the Tribunal, which came to be partly allowed, by way of the impugned award. Hence, this appeal.

(3.) RD portion ought to have been deducted. Further, the multiplier of 16 is contrary to law as the same is against the principle laid down by the Apex Court in the case of /Sarla Verma v. Delhi Transport Corporation & anr, //(2009) 6 S.C.C. 121/.