1. By way of this appeal, the appellant-original claimant has challenged the judgement and award dated 30.11.2000 passed by the Motor Accident Claims Tribunal(Auxi.ii), Ahmedabad, in M.A.C.P. No.2018 of 1990, whereby the tribunal has awarded compensation in the sum of Rs. 77,160/- to the claimant with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The short facts of this case are that on 6.6.1990 one vehicular accident occurred near the Patiya village. In the said accident, one Dulabhai Oghabhai Patel, appellant herein, sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No. 2018 of 1990 before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellant has contended that the Tribunal has committed an error in awarding compensation under the head of pain, shock and suffering. He further contended that the Tribunal ought to have adopted the multiplier of 17 instead of 15. He Therefore, he prayed to allow this appeal.
4. I have heard learned Learned counsel for the parties and perused the materials on record. There is no dispute about the income of the appellant, which is at Rs.1200/- per month. However, from the record, it is clear that at the time of accident, the appellant was aged about 30 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 15 adopted by the tribunal is on lower side, it should be 17. The tribunal ought to have adopted the multiplier of 17 instead of 15. If the multiplier of 17 is adopted the net amount under the head of future loss of income comes to Rs. 73,440/- [Rs.360 x 12 x 17], whereas the the tribunal has only awarded Rs.64,800/- under the head of future loss of income. Therefore, the appellant is entitled for additional amount of Rs.8,640/- under the head of future loss of income. I also find that the Tribunal has committed an error in awarding compensation of Rs. 15,000/- under the head of pain, shock and suffering, as the appellant has remained an indoor patient for three months in the Hospital, therefore, I am of the view that if additional amount of Rs.7500/- is awarded under the head of pain, shock and suffering, the same would met ends of justice. Since, the Tribunal has attributed the negligence on the part of the appellant to the extent of 40% and the appellant has sustained 30% disability. Therefore, the appellant is entitled for additional amount of Rs.900/- under the head of pain, shock and suffering.
5. Thus, in all the appellant is entitled to additional amount of Rs.9540/- alongwith interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization. Rest of the award are just and proper therefore they are not disturbed
6. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
(K.S.JHAVERI,J.) pawan Top