By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – Gujarat State Road Transport Corporation has challenged the judgment and award dated 17th January 1999 passed by the learned MAC Tribunal at Morbi in MAC Petition No.513 of 1989 vide which the Tribunal awarded Rs.74,300 to the claimant. 2 The facts leading to filing the present appeal are to the effect that on 29th August 1989 the claimant was travelling in ST Bus as a passengers for going to Wankaner. When the said ST Bus proceeded from Singhavadar to Wankaner due to rash and negligent driving on the part of the ST Bus Driver, it collided with another ST Bus bearing No.GRU 8764 as a result of which he sustained injuries. The claimant had to undergo treatment for a long period and incurred huge expenses. Therefore, the claimant has filed the aforesaid claim petition claiming the total compensation of Rs.1.5 lakhs.
3 The Tribunal considered the income of the deceased at Rs.2,000 and in view of the permanent partial whole body disability of 13% arrived at Rs.260 per month and Rs.3,120 per year as the future economic loss. Considering her age of 30 years he applied the multiplier of 15 and awarded Rs.46,800 towards future economic loss. The Tribunal has also awarded Rs.10,000 towards medical expenses, Rs.7,500 towards Pain, Shock and Suffering, Rs.5,000 for conveyance and Rs.5,000 for nutritious food. Thus, in all, the Tribunal has awarded Rs.74,300/-. Feeling aggrieved by the same, the appellant – Gujarat State Road Transport Corporation has filed this appeal.
4 Heard learned counsel for the appellant as well as other side and perused the record.
5 Learned counsel for the appellant argued that the Tribunal has committed an error in considering the monthly income of the claimant at Rs.2,000/- more particularly when the Tribunal has itself assessed the income of the appellant as Rs.1,400/- in paragraph 7 of the judgment. He further contended that the interest awarded at 15% is also on higher side and the same is required to be reduced to 12%.
6 The Tribunal has considered the income of the deceased at Rs.2000 per month, which is on the higher side and when the Tribunal itself has assessed as Rs.1400 per month. However, in view of the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 the multiplier should have been 17 instead of 15. Therefore, the Tribunal ought to have considered the income of the claimant at Rs.1400. As the claimant suffered whole body disability of 13% she would be entitled to Rs.182 per month and Rs.2,184 per year as the future economic loss. Considering her age of 30 years as per the judgment of the Sarla Verma (supra) multiplier of 17 should be applied in which case the total amount would come to Rs.37,128 towards future economic loss as against that the Tribunal has awarded Rs.46,800. Thus, there is an excess amount of Rs.9672/- which is ordered to be refunded back to the Gujarat State Road Transport Corporation along with interest. On the other heads there is no interference is called for.
7. Further, the rate of interest at 15% awarded by the Tribunal is on higher side. The same is excessive looking to the decisions of the Apex Court and the same shall not be awarded more than 12%. Hence, it is required to be reduced and accordingly the rate of interest awarded is reduced to 12% per annum from 15% in both the appeals. The excess amount of 3% of interest will be refunded back to the appellant-insurance company if the same is deposited by the appellant with the Tribunal.
costs.
Appeal is allowed to the aforesaid extent with no order as to (K.S.Jhaveri, J.) *mohd