1.0 The above appeals are directed against the judgement and award dated 30.05.2000 passed by the Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhra in Motor Accident Claim Petition No.1071 of 1987 wherein the learned Tribunal has partly allowed the aforesaid claim petitions by awarding compensation in the sum of Rs. 219000/ from the date of claim petition till realization. First Appeal No.1536 of 2001 is at the instance of the Gujarat State Road Transport Corporation and First Appeal No.1819 of 2001 is at the instance of the original claimant for enhancement of claim.
2.0 On 13.09.1987 the claimant was going on his cycle from Godhra to Popatputa. At that time, the driver of the S.T. Bus No. GRU 8749 came from Lunavadi side and dashed with the claimant. The claimant fell down and sustained serious injuries. He, therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award.
3.0 Learned advocate appearing for the appellant Corporation contended that the learned Tribunal has committed error in assessing the disability of the claimant to the extent of 50% in absence of disability certificate. He further submitted that Dr. Usha Goswami who has examined the claimant as a professor in Psychology Department is head of the psychology Department in the Civil Hospital, Ahmadabad and she is not an expert in that subject. He further submitted that an amount of Rs.25000/ towards pain, shock and suffering is on higher side.
4..0 Learned advocate for the respondentclaimant submitted that the amount of compensation is just and proper. He submitted the claimant had received injuries on the head in the accident and therefore, the claimant has lost his service. He is not able to speak properly and lost his memory and he lost his sixth sense because of this illness. He further submitted that multiplier of 15 is on lower side and multiplier of 16 years ought to have been applied by the learned Tribunal.
5.0 Heard learned advocates for the respective parties and perused the documents on record.
6.0 As far as disability is concerned, Dr. Usha Goswami who has examined the claimant was professor in Psychology Department and she is a head of the Psychology Department in the Civil Hospital, Ahmedabad. She categorically stated that due to injury, the claimant has lost his service and he is not able to speak properly and he has lost his memory and he is unable to move properly outside. However, the disability certificate was not produced by the claimant before the Tribunal. Therefore, in absence of disability certificate, 50% disability was assessed by the learned Tribunal which is on higher side. It should be 30% as the claimant is not able to speak and lost his memory. In that view of the matter the Tribunal committed error in considering loss of income. The income of the deceased was Rs. 2000/ per month. Therefore, considering 30% disability of Rs. 2000/ would come to Rs.
600/ per month as loss of income and Rs. 7200/ per year. The age of the claimant was 35 years at the time of the accident, therefore multiplier of 15 years applied by the learned Tribunal is on lower side. It should be 16. By applying multiplier of 16 years, the future loss of income would come to Rs. 1,15,200/ ( Rs. 7200/ x 16). The Tribunal has awarded Rs.1, 80, 000/ towards future loss of income. Therefore, there is an excess amount of Rs. 64800/ ( Rs. 180000/ Rs. 115200/).
7.0 The learned Tribunal has awarded Rs. 25,000/ towards pain, shock and suffering, Rs. 3000/ towards medical expenses, Rs. 2000/ towards special diet and Rs. 9000/ towards actual loss of income. In my view the amount awarded under the above heads are just and proper.
8.0 In the premises, it is held that the claimant is entitled to Rs.115200/ towards future loss of income. The Tribunal has awarded Rs. 1,80,000/. Therefore, the excess amount of Rs. 64800/ shall be refunded to the appellant along with interest at the rate of 12% per annum. The award is modified accordingly. Both the petitions stand disposed of accordingly.
(K.S.JHAVERI, J.) niru*