1. By way of this appeal, the appellants-original claimant have challenged the judgement and award dated 31.12.1999 passed by the Motor Accident Claims Tribunal(Auxi), Morbi, in M.A.C.P. No.135 of 1990, whereby the tribunal has awarded compensation in the sum of Rs.1,56,880/- to the claimant with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The short facts of this case are that the present appellant was serving as a cleaner in a Truck bearing registration No. GTY-6592. While the appellant was returning from Rajkot in the said truck, at that time, one another truck bearing registration No. GQY-4494 came from opposite direction and and dashed the truck of the appellant. As a result of the said accident, the appellant sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No. 135 of 1990 before the Tribunal for compensation. The learned Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellant has contended that the Tribunal has committed an error in awarding compensation under the head of pain, shock and suffering. He further contended that the Tribunal ought to have adopted the multiplier of 18 instead of 16. Therefore, he prayed to allow this appeal.
4. I have heard learned Learned counsel for the parties and perused the materials on record. From the record, it is clear that at the time of accident, the appellant was aged about 25 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 16 adopted by the tribunal is on lower side, it should be 18. The tribunal ought to have adopted the multiplier of 18 instead of 16. If the multiplier of 18 is adopted the net amount under the head of future loss of income comes to Rs. 1,38,240/- [Rs.640 x 12 x 18], whereas the the tribunal has only awarded Rs.1,22,880/- under the head of future loss of income. I also find that the Tribunal has committed an error in awarding compensation of Rs. 10,000/- under the head of pain, shock and suffering, as the appellant has remained an indoor patient for 44 days in the Hospital and three major operations have been performed, therefore, I am of the view that if additional amount of Rs.5000/- is awarded under the head of pain, shock and suffering, the same would met ends of justice.
5. In that view of the matter, the appellant is entitled to additional amount of Rs.15,360/- under the head of future loss of income and Rs.5000/- under the head of pain, shock and suffering. Thus, in all the appellant is entitled to additional amount of Rs.20,360/- alongwith interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization. Rest of the award are just and proper therefore they are not disturbed
6. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
(K.S.JHAVERI,J.) pawan Top