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FA/4391/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4391 of 2008
=====================================================
UNITED
INDIA ASSURANCE CO. LTD - Appellant(s)
Versus
SHRIPAD
YASHWANT KATKAR & 1 - Defendant(s)
=====================================================
Appearance :
MR
VIBHUTI NANAVATI for Appellant(s) : 1,
None for Defendant(s) :
1,
MR AJAY R MEHTA for Defendant(s) :
2,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE Z.K.SAIYED)
1. Heard
learned Advocate Mr. Vibhuti Nanavati for the appellant and learned
Advocate Mr. Ajay R Mehta for the respondent no. 2- ori. claimant.
2. This
First Appeal is preferred against the judgment and award passed by
the Motor Accident Claims Tribunal (Auxi.) Ahmedabad (Rural), on
19.6.2008. The claim petition came to be filed by the respondent no.
2- ori. Claimant, initially for the compensation of Rs. 3,00,000/-,
but subsequently, the claim was enhanced to the extent of Rs.
15,00,000/- as per the order below ex. 15.
3. The
facts of the case briefly stated that on dated 23.5.2003 the claimant
was going from his house towards A/24, Saibaba temple for
invetigation on the Hero Honda and he was driving his Hero Honda on
the left side of the road and in a moderate speed and when he was
coming opposite corner of Mansa Co. Op. Bank at GH 6 Circle and at
that time the Maruti Van No. GJ-1-AP-6935 being driven by its driver
ori. Opponent no. 1 respondent no. 1 in full speed and rash
and negligent manner so as to endanger human life and dashed with the
front portion of the Hero Honda of the claimant due to which the
claimant was knocked down on the road and sustained serious
injuries. That after the accident primary treatment was given to the
claimant in Civil Hospital, Gandhinagar and thereafter he was
admitted in Anand Surgical Hospital, Ahmedabad as indoor patient. In
the said accident, the claimant has sustained fracture of tibia
fibula on right leg and he has also sustained fracture of fingers of
right hand and also sustained serious injuries on the various parts
of the body. It is also clear from the record that at the time of
accident the claimant was aged about 33 years and doing investigation
work and earning Rs. 17,000/- per month, therefore, under the various
heads, the claimant has claimed compensation of Rs. 15,00,000/- from
the present appellant and respondent no. 1.
4. The
Tribunal was pleased to award, in all, an amount of Rs. 7,62,400/-
with interest at the rate of 7.5.% till the realisation with
proportionate costs to the claimant.
5. Learned
advocate Mr. Vibhuti Nanavati appearing for the appellant has
submitted that according to the appellant the award of Rs. 7,62,400/-
is on higher side and the Tribunal ought to have awarded Rs.
5,44,850/- and, therefore, the award is challenged in the sum of Rs.
2,18,000/-.
6. We
have perused the judgment and award passed by the Tribunal and gone
through the oral as well as documentary evidence led by the parties
before the Tribunal. It is on record that at the time of accident the
claimant was aged about 33 years and, the Tribunal has given
multiplier of 16. In the case of Oriental Insurance Co. Ltd. vs.
Jashuben & Ors., reported in 2008 ACJ 1097 the
deceased was aged 35 years and was an Assistant with ONGC, and in
that case, the Supreme Court has adopted 13 multiplier. In this view
of the matter, in the present case, at the time of accident, the
claimant was aged about 33 years, therefore, we are of the opinion
that instead of 16 multiplier, multiplier of 14 is required to be
applied.
7. In
this view of the matter, with the consent of the learned advocates
for the parties, multiplier of 14 is applied instead of multiplier of
16 and as per multiplier of 14, the amount comes to Rs. 6,95,200/-.
The award is modified to the above extent only. The rest of the award
is confirmed. The First Appeal is accordingly disposed of.
(J.R.
VORA, J.)
(Z.K.
SAIYED, J.)
mandora/
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