1. By way of this appeal, the present appellant- original claimant has challenged the judgement and award dated 10.04.2003, passed by the Motor Accident Claims Tribunal (Main), Kutchchh at Bhuj, in M.A.C.P. No.180 of 1994, whereby the tribunal has awarded compensation in the sum of Rs.2,03,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 14.01.1993 Dineshkumar Mohanlal Patel and Bhavanbhai Lavabhai Patel were travelling in Truck No.GRW-323 with goods from Gandhidham towards Rajkot, they reached near Surajbari, at that time one another Truck No.GJ12-T-6202 from the opposite wrong side with excessive speed and in negligent manner and dashed with the Truck of the applicant. As a result of the said accident, Dineshkumar sustained injuries. Therefore, he filed claim petition being M.A.C.P. No.180 of 1994 before the Tribunal for compensation.
3. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant.
4. Learned counsel for the appellant has submitted that the tribunal has not properly considered the evidence produced on record. He further submitted that in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, the tribunal has committed an error in awarding the actual loss of income of the appellant. Therefore he submitted that the amount awarded by the tribunal may be enhanced by this Court.
5. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. So far as the issue of negligence is concerned, the Tribunal has relied upon FIR, Panchnama and oral evidences and rightly held original opponent no.1 80% liable for the accident.
6. So far as the issue of quantum is concerned, the Tribunal has awarded Rs.25,000/- under the head of pain, shock & suffering, Rs. 10,000/- for the medical expenses, Rs.5,000/- for the attendant charges and transportation charges. Further, the Tribunal has rightly assessed prospective income of the original claimant at Rs.2,000. The Tribunal was also justified in assessing 40% disability for body as a whole of the claimant. Hence, the Tribunal was justified in assessing annual loss of income at Rs.9,600/-. The Tribunal has also rightly adopted multiplier of 17 and awarded Rs.1,63,000/- under the head of future loss of income.
7. On considering the injury sustained by the claimant, the actual loss ought to have been awarded. Considering the injury, 15 months actual loss of income ought to have given. Hence, Rs.30,000/- is required to be awarded to the original claimant under the head of actual loss but, the Tribunal has held original opponent No.1 80% negligent for the accident and the Truck in which the original claimant was travelling was not joined as a party. Therefore, original claimant is entitled for an additional amount of Rs.24,000/- (80% of Rs.30,000/-) alongwith 7.5% interest.
8. The judgement and award of the tribunal is modified to the aforesaid extent. The appellant is entitled for additional compensation of Rs.24,000/- with 7.5% interest. The decree be drawn accordingly. Present appeal is partly allowed.
mehul (K.S.JHAVERI,J.)