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2008 Supreme(Raj) 1764

K.S.RATHORE
Lila Nehra & Anr . – Appellant
Versus
Nirmal Kumar – Respondent


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

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 c




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