1. The Civil application is allowed. However, with consent of learned advocate for both the parties, the main matter is taken up for final hearing today itself.
2. By way of this appeal, the appellant-original opponent has challenged the judgement and award dated 07.07.2000 passed by the Motor Accident Claims Tribunal(Auxiliary-ii), in M.A.C.P. No.1559 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.91,452/- to the claimant, with interest at the rate of 12% per annum from the date of filing of the petition till realization.
3. The short facts of this case are that due to the accident involving Truck bearing Registration No.RJN-4111. As a result of which the present appellant sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.1559 of 1991 before the Tribunal. 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.
4. Learned counsel for the appellant has only assailed on the point the multiplier. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted the multiplier of 18 instead of 16.
5. 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 aged about 22 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. 66,096/- [Rs.306 x 12 x 18], whereas the the tribunal has awarded Rs.58,752/- under the head of future loss of income.
6. In that view of the matter, the claimant is entitled to additional amount of Rs.7,344/- 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
7. 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