BALVANTRAY RANCHHODDAS THACKER Vs. KANYA KHETA BAROT

JUDGEMENT

(1.) THE above appeals are directed against the judgement and award dated 05.04.2004 passed by the Motor Accident Claims Tribunal (FTC), Kachchh at Bhuj in Motor Accident Claims Petition No. 139 of 1994 and 114 of 1994 wherein the learned Tribunal has partly allowed the aforesaid claim petitions of the claimants by awarding compensation in the sum of Rs. 1,90,000/ along with interest at the rate of 9% per annum from the date of claim petition till realization. First Appeal No. 2526 of 2004 is filed by the claimant for enhancement of compensation and First Appeal No. 1817 of 2004 is filed by the insurance company challenging the aforesaid compensation.

(2.) ON 19.09.1993 at about 4.30 hours one Jitendra Balvantray Thacker and Pritam Damji were proceeding from Gandhidham to Gagodar in Matador No. GJ12U1496. At that time the said Matador collided with truck which was parked on the road unattended and without any signals or fencing. As a result of this, Jitendra sustained serious injuries and succumbed to the injuries. Pritam Dami Thacker also sustained injuries. The parents of the deceased Jitendra Balvantray Thacker therefore filed the aforesaid claim petition being M.A.C.P. No. 139 of 2004 wherein the Tribunal passed the aforesaid award. These appeals are at the instance of the claimants for enhancement of compensation and by the insurance company for challenging the award.

(3.) IN First Appeal No. 1817 of 2004, the learned advocate for the insurance company contended that the learned Tribunal has committed error in applying the multiplier of 15 years; that the learned Tribunal ought to have considered the age of the mother at 35 years and apply the multiplier of 12.