AMBABHAI BHIKHABHAI BUTANI Vs. DHIRAJLAL BHAGWANJIBHAI THUMAR

JUDGEMENT

(1.) BY way of this appeal, the present appellant- original applicant has challenged the judgement and award dated 29.07.1999, passed by the Motor Accident Claims Tribunal(Aux.), Gondal, in M.A.C.P. No.558 of 1993, whereby the tribunal has awarded compensation in the sum of Rs.65,000.00 to the applicant with interest at the rate of 12% per annum from the date of filing of application till realization.

(2.) THE brief facts leading to filing of this appeal are that on 03.12.1993 one Ambabhai Bhikhabhai Butani was returning from his field on his cycle in a slow speed, at that time the opponent no.1 came driving motorcycle bearing registration No.GJ-3-E-8163 in rash and negligent manner, with full light, and dashed with the cycle of the applicant. As a result of the said accident, Ambabhai sustained serious injuries. Therefore, the claimant filed claim petition being M.A.C.P. No.558 of 1993 before the Tribunal for compensation.

(3.) LEARNED counsel for the appellant has contended that the compensation awarded by the Tribunal is on lower side. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted multiplier of 17 instead of 15.