1.0 This appeal is directed against the judgment and award dated 05.01.1994 passed by the Motor Accident Claims Tribunal (Special), Nadiad in Motor Accident Claim Petition No. 575 of 1992 whereby the Tribunal has awarded a sum of Rs.1,23,400/ ( Rs. 30,000/ for pain, shock and suffering + Rs. 86400/ towards future loss of income + Rs.5000/ towards expenses for medicines + Rs. 2000/ towards special died) with running interest at the rate of 12% per annum from the date of application till realization.
2.0 On 20.04.1992 at about 11.25 hours, the appellantoriginal claimant after purchasing goods from the market was waiting for S.T. Bus at Borsad S.T. Bus Stand. When the appellant was getting in the S.T. Bus No. GRU 9599 along with goods, the driver of the S.T. Bus all of a sudden started bus in a rash and negligent manner. As a result thereof, the appellant fell down and wheel of the said bus run over on the left leg of the appellant. The appellant received serious injuries. He was taken to the hospital and the left leg below knee was amputated. The appellantoriginal claimant therefore, filed the aforesaid claim petition, wherein the Tribunal has passed the aforesaid award. Hence the present appeal has been filed at the instance of the claimant for enhancement.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal has committed error in assessing the 40% disability; that It should be alteast 100% disability; that income assessed at Rs. 900/ per month is on lower side and it should have been Rs. 1500/ per month.
He further submitted that multiplier of 16 years is on lower side and it should be 17 years. Therefore, by applying multiplier of 17 years, the future loss of income would come to Rs. 1,53,000/.
4.0 Learned advocate for the appellant further submitted that the amount awarded towards the pain, shock and suffering, for expenses of medicines and for special diet is on lower side. He submitted that the actual loss of salary considered by the learned Tribunal is on lower side.
5.0 Though served, none appears for the respondent.
6.0 Heard learned advocate for the appellant and perused the documents on record. Looking to the evidence, it is found that the accident has occurred in the year 1992. On the basis of that the learned Tribunal should have at least considered the income of Rs. 1000/ per month and the future income should have been assessed at Rs. 1500/. Looking to the disability of 40%, looking to the age of 30 years, the learned Tribunal ought to have considered the future loss of income Rs. 1500/ and therefore, considering the disability, it would come to Rs.750/ per month and Rs. 9000/ per year. In view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, the multiplier should have been 17. By applying the same future loss of income would come to Rs. 1,53,000/ ( Rs. 9000/ x 17). The learned Tribunal awarded Rs. 30,000/ towards pain, shock and suffering, Rs.5000/ towards expenses for medicines and Rs. 2000/ towards special diet which are just and proper.
7.0 It is required to be noted that the appellant was in hospital for 15 days. The left leg of the appellant was amputated and he was treated for 8 months. Looking to these facts I am of the view that interest of justice would be met by awarding a further sum of Rs. 8000/ ( Rs. 1000/ x8) for actual loss for eight months. Accordingly it is held that the appellant shall be entitled to a further sum of Rs.8000/ for actual loss of eight months.
8.0 In the premises aforesaid, it is held that the appellant is entitled to a compensation in sum of Rs. 198000/ (Rs. 153000/ towards future loss of income + Rs. 30,000/ towards mental pain, shock and suffering + Rs. 5000/ towards expenses for medicines + Rs. 2000/ towards special diet + Rs. 8000/ for actual loss of salary). The learned Tribunal has awarded an amount of Rs. 1, 23, 400/ as compensation. Therefore, an additional amount of Rs. 74,600/ ( Rs. 198000/ Rs. 123400/) shall be awarded to the appellant along with interest at the rate of 7.5 % from the date of application. The award of the learned Tribunal is modified accordingly. The appeal is partly allowed. No order as to costs.
(K.S.JHAVERI, J.) niru*