1. This appeal has been preferred against the judgment and award dated 07.06.1999 passed by the Motor Accident Claims Tribunal, Jamnagar in M.A.C.P. No. 511 of 1992, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.82,350/ along with interest @ 12% per annum from the date of application till its realization.
2. The facts in brief are that on 10.05.1992, at around 0800 hours while the appellant was travelling in a rickshaw bearing no. GTJ8640, on account of rash and negligent driving, the driver lost control and it 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. The appellant had preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the appellant and perused the documents on record. It has been submitted on behalf of the appellant that there is error in awarding the amount of compensation by the Tribunal under different heads. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. So far as the annual economic loss is concerned, the Tribunal has calculated annual economic loss at Rs.4,140/ instead of 4320/ [360 x 12]. Instead of 15, the multiplier would be 16 in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C. 121. Hence, the future economic loss would come to (4320 x 16) Rs.69,120/. Therefore, the total compensation would come to Rs.90,370/ [ Rs.5000 for medical expenses, Rs.4000/ for loss of income, Rs.1,000/ for attendant, Rs.7500/ for pain shock and suffering, Rs.3000/ for transportation charges and Rs.750/ for nutritious food] . However, the Tribunal has awarded total compensation of Rs.82,350/. Therefore, the claimants shall be entitled to additional compensation of Rs.8020/.
4. For the foregoing reasons, appeal is is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimant shall be entitled for additional compensation of Rs.8020/ along with interest at the rate of 7.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. Rest of the award remains unaltered and it stands confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/