1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 30.11.2002 passed by the Motor Accident Claims Tribunal, (Aux.) Bhavnagar in M.A.C.P. No. 829/1997 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.46,500/ along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.
2. The facts in brief are that on 25.08.1989, while the appellant, original claimant, was travelling in a S.T. bus bearing no. GQE 9218, at a particular place, on account of rash and negligent driving of the S.T. bus, it dashed with the stationary truck near Village Barvala on Bhavnagar Ahmedabad Highway. On account of the said accident, the appellant sustained severe bodily injuries. Later on, he filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. However, the multiplier adopted by the Tribunal is on lower side considering the age of the appellant at the time of accident. In view of the decision of the Hon'ble Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121 and considering the age of appellant at the time of accident, the appropriate multiplier would be 15. Thus, the total amount under the head of loss of future income would come to Rs.30,000/. The Tribunal has awarded Rs.28,000/ only under the said head. Hence, the claimant shall be entitled for additional amount of Rs.2,000/ under the head of economic loss.
7. For the foregoing reasons, both the appeal is partly allowed. The impugned common judgment and award passed by the Tribunal is modified to the extent that the appellant, original claimant shall be entitled for additional compensation of Rs.2,000/ along with interest at the rate of 7.5% per annum from the date of application till its realization, over and above, the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
ORDER IN CIVIL APPLICATION :
In view of the order passed in appeal, the application will not survive and the same stands disposed of accordingly.
[K.S. JHAVERI, J.]
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