[1] This appeal is directed against the judgment and award dated 12th December, 1994 passed by the Motor Accident Claims Tribunal (Auxi), Vadodara in Motor Accident Claim Petition No.1109/1986 whereby the Tribunal has awarded a sum of Rs.1,07,600/- along with the proportionate cost and interest @ 15% per annum from the date of application till realization.
[2] According to the claimant, on 13th June, 1986, he was traveling as a pillion rider on motor cycle bearing No.GAA-3800 and was proceeding towards Akalbara from Padra. At that time, a three wheeler Tempo bearing No.GRQ – 4597 came from the opposite direction and dashed with the motor cycle as a result of which, the claimant sustained serious injuries. He, therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of compensation.
[3] The learned advocate for the appellant submitted that due to accident, he could not attend office and there was a loss of salary and he was confined to bed for a very long time and, therefore, the Tribunal ought to have awarded Rs.19,600/-. He also submitted that the Tribunal has committed an error in assessing the loss of income at Rs.300/- per month and the multiplier of 15 taken by the Tribunal is on lower side. He further submitted that the Tribunal ought to have assessed loss at least @ Rs.1000/- per month instead of Rs.300/- per month and the multiplier should have been 20 which would come to Rs.2,40,000/- as loss of income. He also challenged the award under the head loss of amenities of life, medical expenses and conveyance charges.
[4] Heard learned advocates for the respective parties and perused the relevant record.
[5] As regards the income of the claimant is concerned, as on the date of the deposition, the claimant was getting salary of Rs.3,600/-. This is based on the evidenciary documents on records. With regard to the disability, Dr.Paresh Golwala wsa examined at Ex.34. In his cross-examination, he has stated that the patient has not taken any treatment from him. He certified permanent physical impairment for the right upper limb at 53% and that of right lower limb at 71%. However, in the cross-examination, the doctor also stated that if some employee of the GEB is injured or has met with an accident, the board reimbursed the treatment charges.
[6] Looking to the overall facts and circumstances of the case, I am of the view that in view of the principles laid down in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, the Tribunal has committed an error in considering the future income at Rs.300/- per month. Considering the disability, the future loss of income would come to Rs.441/- which comes to Rs.5,292/- per annum. Further looking to the age of the claimant, I am of the view that a multiplier of 16 would be just and proper. Thus, the total amount under the head of future loss of income would come to Rs.84,672/- (Rs.5,292 x 16 = Rs.84,672/-). The claimant is also entitled to get Rs.25,000/- towards pain, shock and suffering and Rs.10,000/- towards loss of amenities of life, as awarded by the Tribunal. Therefore, the total amount of compensation would come to Rs.1,19,672/-. The Tribunal has awarded a sum of Rs.1,07,600/-. Therefore, the appellant is entitled to get an additional amount of Rs.12,072/- along with interest @ 7 1/2% from the date of application.
[7] Appeal is partly allowed. The appellant is entitled to Rs. 12,072/- as additional compensation @ 7.5% interest. The judgment and award is modified to the aforesaid extent.
[ K. S. JHAVERI, J. ] vijay