1. This appeal has been preferred against the judgment and award dated 17.03.2001 passed by the Motor Accident Claims Tribunal [Auxi.] Panchmahals at Godhra in M.A.C.P. no. 327 of 1991, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs. 42,700/ along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 14.08.1990, at around 1130 hours, while the appellant along with his relatives was going towards Village Vadela, at that time, S.T. Bus bearing no. GRU 6510, on account of rash and negligent manner, the carrier of the bus fell on the applicant, as a result of which, he sustained severe bodily injuries. Later on, he filed the claim petition, which came to be partly allowed, by way of the impugned award. The appellant have preferred this appeal claiming for enhancement of the amount of compensation.
3. The learned counsel for the appellant has mainly contended that the multiplier adopted by the Tribunal is on lower side considering the age of the appellant.
4. Heard learned counsel for the respective parties and perused the documents on record. From the record it appears that at the relevant time, the appellant was aged 22 years. In my opinion, the Tribunal ought to have adopted the multiplier of 18 in view of the principle laid down in the Sarla Verma (Smt,) & Ors. V Delhi Transport Corporation & Anr., (2009) 6 SCC 121,. Hence, the total loss of future income would come to Rs.21,600/ [1200 x 18]. However, the Tribunal has awarded Rs.19,200/ only under the head of loss of future income.
Therefore, the claimants shall be entitled for additional amount of Rs.2,400/. So far as income assessed under the other heads are concerned, the same are not interfered with and are, accordingly, confirmed.
5. In view of the above, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the appellant shall be entitled for additional compensation of Rs.2,400/ along with interest @ 7.5% per annum as against 9% from the date of the application till its realization. Rest of the award remain unaltered and is accordingly confirmed.
6. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/