By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original claimant has challenged the judgment and order dated 27th June 1997 passed by the learned Motor Accident Claims Tribunal (Aux), Bharuch in MAC Petition No.539 of 1991 whereby the Tribunal has partly allowed the claim petition. 2 The short facts of the present appeal are that on the date of the incident i.e. on 29th December 1989 at about 3.30 PM while the injured was going on his bicycle, at that time, one truck bearing No.GTG 1455 came from behind and hit the appellant due to which he sustained serious injuries including fracture on right foot. Therefore, the claimant has filed aforesaid claim petition claiming compensation of Rs.1.5 lakhs.
3 The Tribunal considered the income of the deceased at Rs.800 per month and as the appellant sustained permanent partial disability to the extent of 22½% of whole body, he assessed the monthly loss at Rs.172 per month and at Rs.2064 per annum. He adopted the multiplier of 16 and awarded Rs.33024 towards future economic loss. He also awarded Rs.25,000 towards Pain, Shock and Suffering, Rs2,000 towards transportation charges, Rs.5,000 towards medicines, Rs.4,000 towards special diet, Rs.3000 towards attendant charges and Rs.6400 towards actual loss of income and thereby assessed Rs.78,450 to be the total amount of compensation.
4 Learned counsel for the appellants has contended that the Tribunal has committed an error in not considering future economic prospects of the deceased. The learned counsel for the appellant has also submitted that the amount awarded under the head of Pain, Shock and Suffering is on lower side.
5. Learned counsel for the respondents has supported the judgment and award and stated that the judgment and award is just and no interference is called for.
6. The Tribunal has rightly assessed the income of the injured at Rs.800 and as he has not produced any evidence qua his income, future economic prospects cannot be considered. However, the appellant is entitled to Rs.40,000 under the head of Pain, Shock and Suffering. Therefore, the appellant is entitled to get additional amount of Rs.15,000 along with interest at the rate of 7.5% per annum from the date of application till realisation.
7. In the result, the appeal is partly allowed to the aforesaid extent. Judgment and award passed by the Tribunal are modified to the extent indicated hereinabove.
(K.S.Jhaveri, J.) *mohd