1. In connection with the vehicular accident that took place on 11.11.2000 in which Dhudabhai Nathabhai Gamiti, son of the appellants, original claimants, had expired, a claim petition being M.A.C.P. No.1934/2000 was preferred by the legal heirs before the Motor Accident Claims Tribunal (Aux.), Mahesana. The Tribunal allowed the claim petition in part, by judgment and award dated 13.02.2004 whereby, the claimants were awarded total compensation of Rs.2,49,300/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. The main grounds under which the appellants have prayed for enhancement is that the assessment of income made by the Tribunal is erroneous and that the multiplier adopted is on the lower side. It has been submitted that the Tribunal ought to have assessed the monthly income at Rs.2,500/- and should have adopted multiplier on the basis of the age of deceased. It is, therefore, prayed that compensation be enhanced on the above grounds.
3. Heard learned counsel for the appellants and learned counsel for respondent no.3. None appears on behalf of respondents no.1 & 2. Having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and also in consonance with the evidence on record and the law on the subject. If, however, compensation is computed on the basis of the principle laid down by the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 SCC 43 and National Insurance Co. Ltd. v. Shyam Singh and others, AIR 2011 SC 3231, the compensation awarded by the Tribunal would get reduced. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*