- (1.) LEAVE granted. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 22. 11. 2006 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in First Appeal No. 4586 of 2006 dismissing the appeal preferred by him.
(2.) CLAIMANTS-RESPONDENTS herein are heirs and legal representatives of davjibhai Kushalbhai Rathod. He, while travelling in a mini luxury bus as a passenger from Surat to Mehsana, met with a road accident which took place on 23. 6. 1994. The accident occurred due to rash and negligent driving on the part of the driver of the said mini bus is not question. The deceased, Devjibhai, at that time, was aged about 35 years. He was working as an Assistant in the Oil and Natural Gas Commission. A sum of Rs. 12,00,000/- was initially claimed by way of compensation which was subsequently raised to 25,00,000/ -. The Tribunal, as per the certificate issued by the Senior Personnel and Administrative Officer, ONGC, noticed that the deceased had been receiving the following salaries and perks in the month of June 1994 : JUDGEMENT_169_TLPRE0_2008Html1.htm However, the Tribunal also took into consideration the salary which might have been payable to the said deceased as in August, 2002; had he continued in service which was stated to be as under : JUDGEMENT_169_TLPRE0_2008Html2.htm
(3.) THE Tribunal, clubbed the income of the deceased which he might have got at the time of his retirement, i. e. , Rs. 3,295/- + Rs. 17453/-, totaling a sum of Rs. 20,748/- and divided the same by figure two to arrive the figure of at Rs. 10,374/- per month. Adopting a multiplier of 16, the amount of compensation was determined at Rs. 13,27,872/ -. Besides the compensation amount, amount of gratuity, conventional amount and funeral expenses were calculated as follows : JUDGEMENT_169_TLPRE0_2008Html3.htm Interest on the said amount sum at the rate of 12 per cent was also awarded.;