1. This appeal is preferred against the judgment and award dated 21.08.1995 passed by the Motor Accident Claims Tribunal [Main] Vadodara in M.A.C.P. No. 467 of 1989, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs. 37,000/ along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 13.03.1989 at around 0130 hours, while the appellant was travelling in a truck no. GTG 2406, at a particular place, the driver of the truck in a rash and negligent manner, while taking a turn, the truck turned turtle. As a result of which, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. This appeal has been filed by the appellant, for enhancement of the amount of compensation.
3. The learned counsel for the appellant has contended that the multiplier adopted by the Tribunal is on is on lower and it ought to have been 18 in view of the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121. On no other grounds, the impugned award of the Tribunal has been assailed.
4. Heard learned counsel for the respective parties perused the documents on record. For the purpose of calculating the income under the head of loss of future income the Tribunal had adopted the multiplier of 15. It appears from the record that the deceased was aged 40 years at the time of the accident, and therefore, the appropriate multiplier as per the decision of Sarla Verma's case (supra), it should be 18. However, the Tribunal has adopted multiplier of 15, which is on lower side. Accordingly, the total income under the head of loss of future income would come to Rs.19,440/ [Rs.1080 x 18]. However, the Tribunal has awarded Rs.16,200/ under the said head. Hence, the original claimants shall be entitled for additional amount of Rs.3,240/ under the head of loss of future income,
5. So far as the rate of interest of 12% awarded by the Tribunal is concerned, in my opinion, the same is on the higher side and also against the provisions of the Act and the guidelines framed by the Hon'ble Apex Court in such cases. Looking to the present scenario and keeping in mind the guidelines framed by the Hon'ble Apex Court, it would be appropriate to grant interest 7.5% p.a. as against 12% granted by the Tribunal.
6. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional amount of Rs.3,240/ as compensation over and above the amount awarded by the Tribunal.
7. Looking to the facts of the case, the claimants are awarded interest at the rate of 7.5% p.a. on the additional amount of Rs.3,240/ from the date of application till its realization. The rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No costs.
So far as First Appeal No. 6949 of 1995 is concerned, the learned counsel for the appellant states that since the appellant has expired, the appeal will not survive and it will stands abated. In view of the aforesaid statement, First Appeal No. 6949 of 1995 stands abated.
[K.S. JHAVERI, J.]
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