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2008 Supreme(Raj) 1764

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Lila Nehra & Anr . - Appellant
Versus
Nirmal Kumar & Anr. - Respondent
S.B. Civil Misc. Appeal No. 187 of 1997.
Decided On : 26-03-2008

Advocates:
For the Claimants/Appellants:Mahendra Goyal, Advocate.
For the Respondents:B.C. Rawat, Advocate.

Headnote:Motor Vehicles Act, 1988 – S. 173 – Appeal against the award of compensation. Prayer for the enhancement of the compensation. Since the deceased died at the age of 23 therefore the multiplier applicable is 17 and not 13 as done by the tribunal. Therefore the award is set aside and the matter is remanded to the tribunal so as to compute the calculation by the multiplier 17.

JUDGMENT

1. - The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned Award dated 30.08.96 passed by the Motor Accident Claims Tribunal, Neem-Ka-Thana, District Sikar (for short 'the Tribunal') in Claim Petition No. 29/90, whereby compensation to the tune of only Rs. 1,03,600/- has been awarded in favour of the claimants/appellants.

2. The claimants/appellants by way of this appeal prayed for enhancement of compensation on the sole ground that looking to the age of the deceased who was only 23 years of age at the time of accident, multiplier of 13 has been applied by the Tribunal, whereas as per the Schedule, correct multiplier applicable to the instant case is 17.

3. Having heard rival submissions of the respective parties and after carefully going through the impugned Award dated 30.08.96 passed by the Tribunal, I am fully satisfied with the submissions made on behalf of the appellants.

4. Therefore, the impugned Award dated 30.08.96 passed by the Motor Accident Claims Tribunal, Neem-Ka-Thana, District Sikar is quashed and set-aside and the matter is remanded back to the Tribunal to the limited extent that after applying the correct multiplier shall compute the compensation as admittedly the deceased was 23 years of age at the time of accident and the multiplier of 17 is applicable to the instant case.

5. The civil misc. appeal stands allowed accordingly. Record be sent back.Appeal allowed.

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