1. By way of present Appeal, the appellant has challenged the judgment and award dated 20.3.2001 passed in Motor Accident Claim Petition No.263 of 1989 by the Motor Accident Claims Tribunal, (Main) Mehsana whereby the learned Tribunal awarded in all compensation of Rs.1,34,500/ along with proportionate costs and interest at the rate of 9% p.a. in favour of the original claimant from the date of petition till payment or realization from the opponents jointly and severally.
2. As per the case of the claimant before the learned Tribunal, on 24.9.1988, the claimant who himself was driving his luxury bus No. GRR1152 for going to Becharaji from Kubadthal and from the opposite side, one luxury bus No.MNA918 came in rash and negligent manner and dashed with the vehicle of the claimant at about 4:00 a.m. on that day. Therefore, the claimant – appellant herein sustained serious injuries and he was shifted in the Civil Hospital, Ahmedabad for medical treatment. He stayed as indoor patient in the hospital from 24.9.1988 to 25.11.1988. There were number of operations were performed upon the claimant. He was earning Rs.4000/ towards salary. Due to accident, he received permanent disablement and he would not be permitted to drive the vehicle. Therefore, he claimed Rs.2,00,000/ as compensation from the opponents before the learned Tribunal.
3. Learned advocate for the appellant submitted that the award of the learned Tribunal is not just and proper and is against the evidence on record. He also submitted that learned Tribunal has not considered the material aspect that the claimant had undergone prolonged period of hospitalization. He also submitted that at the time of accident, the applicant was working as a driver and was earning Rs.4000/ and the learned Tribunal has only considered Rs.2500/ towards his monthly income and therefore, the loss of income has been considered by the learned Tribunal to the tune of Rs. 6300/ (Rs.525 x 12) considering the 21% permanent disability. He also submitted that the applicant was of 43 years at the time of accident and learned Tribunal adopted only 15 multiplier. As per his submission, the learned Tribunal has assessed the income on the very lower side as Rs.2500/ and therefore, the compensation awarded by the learned Tribunal is required to be enhanced. He also submitted that the as per the case Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121, that the considering the age of the victim, the income of the injured is required to be assessed at least Rs.15000/ per month and multiplier is required to be enhanced. The applicant has not produced documentary evidence showing his monthly income. He also submitted that learned Tribunal awarded only Rs.20,000/ for shock and suffering and only Rs.20,000/ has been awarded towards the medical treatment without considering the aspect that the applicant has taken prolonged medical treatment and he incurred huge expenditure towards the medical treatment. He submitted that the award passed by the learned Tribunal is required to be quashed and set aside by allowing this Appeal.
4. Learned advocate for the respondent No.2 supported the judgment and award passed by the learned Tribunal and he submitted that the learned Tribunal has awarded just and proper compensation to the claimant and therefore, no interference is required to be called for by this Court.
5. Perused the record of the case. Considering all the aspects of the case and case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121, I am of the opinion that in absence of any proof regarding income and accident is of 1988, Rs.1500/ per month is just and proper income for the claimant and, therefore, Rs.18,000/ would be the loss of income per year so far the head of actual loss of income is concerned. This Court is not inclined to interfere with the heads under which the Tribunal awarded the amount of compensation.
6. In view of the above, now the claimant is entitled to the additional compensation of Rs.18,000/ from the opponents with interest @ 7.5% p.a. Record and Proceedings, if any, called for from the concerned trial Court, are ordered to be sent back forthwith.
ynvyas (K.S. JHAVERI, J.)