1. The First Appeal is directed against the judgment and award dated 30.11.1988 passed by the learned Motor Accident Claim Tribunal (Main), Vadodara in MAC Application No.636 of 1984 that has been filed by the claimant.
2. The short facts of the present case according to the appellant herein are that as he wanted to go to Ahmedabad, he had boarded the bus from Surat that was running between Surat and Mehsana. According to him, right from the beginning the driver was driving the above said ST Bus rashly and negligently and at an excessive speed. One Motor Truck bearing No.MTS-2867 was found to be lying stationary on the road and that a violent dash was given to the above said truck on its near portion by the front side of the speeding ST Bus and that meanwhile one another ST Bus had come there from behind and it had given a dash to the bus in which he was traveling. Because of the double impact his bus was crushed and he had sustained grave injuries on both the legs which had resulted into the fractures. It is further stated by the appellant that he was taken to SSG Hospital, Vadodara and was admitted as an indoor patient. The operation was performed on the right leg and the amputation from the ankle joint was performed. He was also given the necessary treatment on the other injured leg. But the case of the appellant is that later on he was taken to the V.S. Hospital at Ahmedabad and he was operated upon and a further amputation was done. Thus, it is his case that the accident was the result of rash and negligent action on the part of the driver who was driving the ST Bus at the relevant time. Hence, the present appeal.
3. The learned Judge of the Tribunal has calculated the monthly income of the claimant at Rs.3,000/- per month and as the claimant sustained 65% whole body disability, he considered Rs.1,950/- per month as his future loss of income and Rs.19,200/- (rounded off to Rs.20,000/- per year. Looking to the age of the claimant, the Tribunal adopted the multiplier of 12 and determined the compensation under the head of future loss of income of Rs.2,40,000/-. The Tribunal awarded Rs.13,061/- for medical expenses and operation, Rs.20,000/- for the drugs and Rs.5,000/- for special diet and Rs.25,200/- for actual loss in income.
4. The learned counsel for the appellant argued that the Tribunal has committed an error in awarding the amount under the head of pain, shock and suffering twice. He further submitted that the Tribunal has committed an error in considering the disability at 65%.
5. The learned counsel for the respondent has supported the judgment and award of the Tribunal. He further contended that the multiplier of 12 adopted by the Tribunal is on the lower side and it should be at least 15. In support of the contention, the learned counsel for the appellant has relied upon the decision of the Apex Court in the case of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another (2009) 6 SCC 121.
6. On the point of pain, shock and suffering, the contention raised by the appellant is required to be accepted. As regards future economic loss, the Tribunal has considered the monthly income of the injured at Rs.3,000/- per month and Rs.36,000/- per annum. As the claimant sustained 65% whole body disability, the future economic loss would come to Rs.19,200/- per annum rounded off to Rs.20,000/- per year. Looking to the age of the appellant, he is entitled for multiplier of 15. Thus, the appellant would be entitled to Rs.3,00,000/- under the head of future economic loss. However, the appellant has been awarded Rs.2,40,000/- under this head and therefore, he is entitled for additional amount of Rs.60,000/- under this head. Thus, the appellant would be entitled to get the following amounts of compensation:-
Pain, shock and suffering Rs.0,75,000/- Future economic loss Rs.3,00,000/-
Medical treatment Rs.0,13,061/-
Special diet Rs.0,05,000/-
Loss of income Rs.0,25,200/-
Drugs and medicines Rs.0,20,000/-
Rs.4,38,261/-
7. Thus, the claimant is entitled to additional compensation of Rs.15,000/-.
8. In view of the aforesaid discussion, the judgment and award dated 30.09.1988 passed by the learned MAC Tribunal (Main) at Vadodara in MAC Petition No.636 of 1984 vide which the Tribunal awarded Rs.4,23,261/- to the claimants is modified to the extent that the claimant is entitled to Rs.4,38,261/-. Thus, the claimants are entitled to get additional amount of Rs.15,000/- along with interest at the rate of 7 ½ % per annum from the date of the petition till the date of realization. First Appeal as well as Cross Objection both stand disposed of accordingly with no order as to costs.
(K.S.Jhaveri, J.)
koshti/