1. This appeal has been preferred by the appellant, original claimant, for enhancement of compensation awarded vide judgment and award dated 07.11.2003 passed by the Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar in M.A.C.P. No.393/1993 whereby, the claim petition was partly allowed and the appellant was awarded total compensation of Rs.73,800/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs, as against the total claim of Rs.4.00 Lacs.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that occurred on 06.02.1993 on the Mehtapura - Himmatnagar road involving an auto rickshaw bearing registration No. GJ-9T-719 and a Truck bearing registration No. GJ-12T-6088.
3. The main grounds under which the appellant has prayed for enhancement of compensation is that income awarded under the head of future loss is on the lower side inasmuch as the disability assessed and the multiplier adopted are both on the lower side.
4. Heard learned counsel for the respective parties. The Tribunal assessed the monthly income of the appellant at Rs.5,000/-. However, it appears from the record that no documentary evidence was led by the appellant before the Tribunal to prove his income except the document Exh.62 which showed his monthly income to be Rs.3,437/- in February 1993. The taxable income for the year 1993 was Rs.28,000/-. However, no documents, viz. assessment orders or income-tax returns, were produced by the appellant to prove his income. Considering the facts of the case, the monthly income assessed by the Tribunal appears to be just and appropriate. The Tribunal has assessed the permanent disability for the body as a whole at 12%, which is also appropriate considering the medical evidence on record.
5. However, so far as the multiplier is concerned, the same is on the lower side inasmuch as the appellant was aged 33 years at the time of accident and the Tribunal has adopted the multiplier of 5 only, which is contrary to the decision rendered by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C.
121. As per the said decision, the appropriate multiplier is 16. Hence, total income under the head of future loss would come to Rs.1,15, 200/- [600 x 12 x 16]. The Tribunal has awarded Rs.36,000/- under the said head and hence, the appellant shall be entitled for additional amount of Rs.79,200/- under the said head.
6. So far as income awarded under the other heads are concerned, the same are just, legal and appropriate and hence, I find no reasons to enhance the same.
7. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional compensation of Rs.79,200/- [Rupees Seventy nine thousand two hundred only] along with interest at the rate of 7.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top