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National Insurance Co Ltd vs Nayanbhai Maganbhai & 2S

High Court Of Gujarat|27 February, 2012
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JUDGMENT / ORDER

1.0 This appeal is directed against the judgement and award dated 26.05.2000 passed by the learned Motor Accident Claims Tribunal (Auxi), Dhrangadra in Motor Accident Claim Petition No.355 of 1993 wherein the Tribunal has awarded a sum of Rs.1,00,000/­ along with interest at the rate of 12% per annum.
2.0 On 01.04.1993 the claimant was going to his place of work on a bicycle. At that time a truck came in excessive speed and knocked down the claimant as a result of which he sustained serious injuries and took treatment. Therefore he filed the aforesaid claim petition wherein the aforesaid award came to be filed.
3.0 The present appeal is filed challenging the quantum to the extent of Rs.60000/­. The main contention raised by the learned Advocate for the appellant is that the multiplier taken by the Tribunal at 17 is on higher side and it should have been 5.
4.0 As regards the salary is concerned, the same has been taken on the basis of the salary slip and there cannot be any dispute on that aspect. At the time of the accident the age of the claimant was 32 years and there is evidence on record to the effect that the disability is to the extent of 17%. I am therefore of the opinion that the multiplier taken by the Tribunal is just and proper.
5.0 I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal. No case is made out to cause interference. Hence the appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*
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Title

National Insurance Co Ltd vs Nayanbhai Maganbhai & 2S

Court

High Court Of Gujarat

JudgmentDate
27 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms Megha Jani