1. By way of this Appeal, the appellant has challenged the judgment and award passed by the learned Motor Accident Claims Tribunal at Bhavnagar, in MAC Petition No.957 of 1997 dated 7.5.2001, whereby the learned Tribunal awarded in all Rs.1,48,000/ as compensation from the opponents and held that the opponents are jointly and severally liable to pay the said amount to the claimant with interest of 12% p.a. from the date of petition till realization with proportionate costs within a period of three months from the date of the order.
2. According to the claimant, she along with some other passengers were travelling in Mini Luxury bus No.GJ4T9924, which was going to Botad. The said bus was driving by the owner in a rash and negligent manner and, due to which, he lost control and said bus turned turtle. Therefore, the claimant along with other passengers sustained serious injuries. The claimant has claimed Rs.4,00,000/ towards compensation from the opponents before learned Tribunal. Out of the same, the Tribunal awarded Rs.1,48,000/ compensation to the claimant, therefore, this Appeal is filed by her.
3. Learned advocate for the claimant submitted that the award passed by the learned Tribunal is unjust and improper and without considering the injuries sustained by the claimant, the tribunal awarded less compensation to the claimant. He submitted that due to such accident, the claimant lost capacity to hear of left ear and disability of physical impairment and cosmetic disfigurement. He further submitted that the Doctor Shah was examined at Exhibit 25 and Medical certificate was produced at Exhibit 127, but the deposition of the said Doctor and medical certificate were not taken into consideration by the learned Tribunal, while passing the award. Even the claimant lost earning capacity by 40%. The claimant was agriculturist and revenue record has been produced before the Tribunal, but the Tribunal only assessed the prospective income as Rs.1500/. The claimant was also doing diamond work and thereby, she was earning Rs.5000/ per month. He also submitted that learned Tribunal erred in considering the only amount of Rs.60,000/ as future expenses towards the medical treatment. He further submitted that considering the injuries caused to the claimant and permanent disability caused to her, 16 multiplier applied by the learned Tribunal is not just and proper. He submitted that considering the ratio laid down in Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121, the compensation is required to be enhanced.
4. I have heard learned advocate for the opponent No.3 – Insurance Company. As per his submission, no interference is required to be called for by this Court.
5. I have perused the record of the case and considered the submission made by the parties. As there is no income of proof produced by the claimant and therefore, the income of the claimant is required to be assessed at Rs.1500/ per month and annual income is Rs.18,000/. The claimant has 40% disability and therefore, considering the decrease in the earning capacity of the claimant and considering the permanent disablement as 20% (40% disability), the amount would come to Rs.300/ as monthly loss to the claimant and yearly loss of income would come to Rs. 3600/. Considering the age of the victim, 17 multiplier is required to be applied. Therefore, Rs.61,200/ would be future economic economic loss due to disability. The learned Tribunal awarded Rs.57,600/ and, therefore, the claimant is entitled to Rs.3,600/ towards the additional compensation with 7.5% interest p.a. under the aforesaid head. Appeal is partly allowed with no order as to costs. Rest of the judgment and award of the learned Tribunal shall remain unaltered. Record and proceedings are ordered to be sent back to the concerned trial Court, if any, forthwith.
ynvyas (K.S. JHAVERI, J.)