MEGHUBHAI HIRA RABARI Vs. PREMJI MANJI PATEL

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 30.11.1998 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj in Motor Accident Claims Petition No. 314 of 1990 so far as the Tribunal awarded only Rs. 93,000/- as compensation with interest at 6% and costs.

(2.) IT is the case of the appellants that on 22.02.1990 the deceased Shri Hira Vela Rabari was walking on the road, when a truck bearing registration No. GRX 4369 which was being driven by the original opponent no. 1 in a rash and negligent manner hit Shri Hira Vela thereby killing him. The appellants being legal heirs and representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 2 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR. Thomas, learned advocate appearing for MR. Vibhuti Nanavati for the respondent insurance company supported the award passed by the Tribunal. He submitted that however, the Tribunal has applied multiplier of 12 which is on higher side and the same is required to be reduced in view of the decision in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121. He submitted that the rate of interest awarded by the Tribunal is just and proper and does not call for any interference by this Court as the same is the discretion of the court.