1. This appeal has been preferred against the judgment and award dated 30.10.2004 passed by the Motor Accident Claims Tribunal [Aux.] Bhavnagar in M.A.C.P. No. 820/1996, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.70,000/ along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that 19.10.1996, at around 0800 hrs., while the appellant was standing near R.T.O. Office, at that time, the driver of the truck bearing no. GTK3619, on account of rash and negligent driving, dashed the appellant, as a result of which, he sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.
3. It has been mainly contended by learned counsel for the appellant that the amount awarded under the head of future loss of income is on the lower side considering the evidence on record. Hence, the income under the head of future loss deserves to be enhanced. Under the head of pain shock and suffering, the Tribunal has not awarded any amount. On no other heads, the appellant has sought enhancement of compensation.
4. Heard learned counsel for the parties. None appears on behalf of respondents no.1 & 2. It appears from the record that the Tribunal has assessed the annual income of the appellant at Rs.2,4000/. In my opinion, the said assessment made by the Tribunal is reasonable and appropriate.
5. By adopting the annual income of the appellant at Rs.2,4000/, the annual loss of income on account of disability would come to Rs.2400/. However, the multiplier of 15 adopted by the Tribunal is on the lower side. Considering the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121, the appropriate multiplier would be 17 since the appellant was aged 22 years at the time of accident. By adopting the multiplier of 17, the total income under the head of future loss would come to Rs.40,800/. The Tribunal has awarded Rs.36,000/ under the said head and hence, the appellant shall be entitled for additional amount of Rs.4,800/ under the head of future loss of income. However, under the head of pain shock and suffering the appellant is entitled for an additional amount of Rs.10,000/ . Thus, in all, the claimant shall be entitled for additional amount of compensation at Rs.14,800/. The amount awarded under other heads is just and proper.
6. In view of the above discussion, 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.14,800/ along with interest at the rate of 7.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. The rest of the award stands confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
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