1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Main), Vadodara in Motor Accident Claims Petition No.725 of 1983, whereby the Tribunal has awarded Rs.1,63,000/- to original claimants with interest at the rate of 12% p.a. from the date of the application till its realization and proportionate cost.
2. The facts of the case is that on 22.06.1983, present appellant alongwith others was travelling in a ST bus No.GRR-8024 and at that time, original opponent No.1 was driving the said bus rashly and negligently. As a result, he lost the control over the ST bus and ST bus dashed with the stationary truck, which was parked on the extreme left side of the road. In the said accident, the appellant sustained grievous injuries, therefore, present appellant and others filed claim petitions before the Motor Accident Claims Tribunal(Main), Vadodara for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellants has contended that the Tribunal has erred in assessing the monthly income of the appellant at Rs.2,000/-. He has further contended that the Tribunal ought to have consider that the appellant was having income of 1560 dirhams per month. He has further contended that the Tribunal ought to have adopted the multiplier of 17, instead of 15.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and stated that no interference is called for and present appeal should be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. The Tribunal has assessed that the monthly income of the appellant at Rs.2,000/-. However, considering the evidence on record, the appellant had produced salary certificate vide Exh.63. As per that documentary evidence, he was earning 1560 Dirhams per month. The Tribunal has deducted 1000 Dirhams towards personal expenses at Abu Dhabi and assessed monthly income at 500 Dirhams equivalent to Rs.1,500/-. In my view, the Tribunal ought to have assessed monthly income at 560 Dirhams equivalent to Rs.1680. Further, the Tribunal ought to have considered prospective income of the appellant at Rs.2520/-.
8. The Tribunal has discussed the evidences in detail, regarding disability in his judgment and rightly assessed 25% disability. Hence, monthly loss of income comes to Rs.630/- [25% of Rs.2520/-] and annual loss of income comes to Rs.7560/-. The Tribunal has adopted the multiplier of 15, but, the Tribunal ought to have adopted the multiplier of 17. Hence, total loss of future income comes Rs.1,28,520/-. The Tribunal has awarded Rs.90,000/- under the said head. Therefore, an additional amount of Rs.38,520/-, rounded to Rs.38,500/- is awarded to the appellant under the head of loss of future income.
9. The Tribunal has considered that the appellant could not have worked for 24 months and therefore, awarded Rs.36,000/- towards actual loss of income. Considering monthly loss of income at Rs.2,520/-, the appellant is entitled for Rs.60,480/- (Rs.2,520/- X 24), rounded to Rs.60,500/-. Since, the Tribunal has already awarded Rs.36,000/- under the said head, the appellant is entitled for Rs.24,500/- under the head of actual loss of income.
10. As regards the amounts awarded under other heads are concerned, the same being just and proper, require no interference.
11. In that view of the matter, the appellant is entitled to an additional amount of Rs.63,000/- [Rs.38,500/- + Rs.24,500/-] alongwith interest at the rate of 7.5% per annum, from the date of application till realization. The judgment and award impugned in this appeal stands modified to the aforesaid extent.
12. The appeal is partly allowed. Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]