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2018 DIGILAW 102 (GUJ)

VESATJI SURSANGJI THAKOR v. MITHAJI MADHAJI THAKOR

2018-01-12

AKIL KURESHI

body2018
JUDGMENT : 1. The appeal is filed by the original claimant. He seeks enhancement of the compensation awarded by the Claims Tribunal by award dated 10.12.2007 in Claim Petition No.1059/2002. 2. The claimant was employed in RTO. He received bodily injuries during the accident which took place on 20.2.2002. Both the sides do not dispute that such accident left permanent disability of 11% of the body as a whole. The only area of dispute is regarding the multiplier adopted by the Tribunal. The Tribunal ignoring the age of the claimant being 36 years, adopted multiplier of 5 and awarded loss of future income at Rs.59,400/. Learned advocate for the claimant correctly pointed out that looking to the age, multiplier should be 15. The compensation for loss of future income would thus come to Rs.1,78,200/( Rs.11880x15) as against Rs.59,400/awarded by the Tribunal. The claimants shall thus receive additional compensation of Rs.1,18,800/, rounded off to Rs. 1,19,000 to be paid by the opponents with simple interest at the rate of 8% per annum from the date of filing of the claim petition till actual payment. 3. First Appeal is disposed of. R&P may be transmitted back to the concerned trial Court.