1.0 This appeal is directed against the judgement and award dated 31.01.2000 passed by the learned Motor Accident Claims Tribunal (Aux II), Ahmedabad ( Rural) at Gandhinagar wherein the Tribunal has awarded a sum of Rs. 241820/ [ Rs. 97120/ towards future loss of income + Rs. 89700/ for medical expenses + Rs. 20000/ for pain, shock and suffering + Rs. 10000/ transportation special diet , attendant charges + Rs. 25000/ actual loss of income] to the claimant along with interest at the rate of 12% per annum from the date of application till realization. 2.0 It is the case of the claimant that when he was going from Delhi to Ahmedabad in Truck No. DL 1:2266 DCM Toyota, at about 9.00 a.m., on National highway near Limbdiya village, a truck bearing No. G.R.R. 3756 dashed with the Truck No. DL 1: 2266 causing injuries to the claimant. He took prolonged treatment. He therefore filed the aforesaid claim petition wherein the impugned award came to be passed. This appeal is at the instance of claimant for enhancement of compensation.
3.0 Learned advocate appearing for the appellant contended that Tribunal has erred in awarding Rs. 97120/ under the head of future loss of income; and that the Tribunal has applied multiplier of 12 instead of 15 though the age of the claimant on the date of accident was 33 years only as proved by documentary evidence of school leaving certificate at Exh. 57.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocate for the respective parties and perused the documents on record.
6.0 As regards income is concerned, the Tribunal has taken the same at Rs.1950/ considering the pay slip at Exh. 58. However, there will be addition of 50% of actual salary to the actual salary income of the claimant towards future prospects. Therefore, by addition of 50%, the future prospective income would come to Rs.2925/. As there is 35% loss of earning capacity, the amount would come to Rs. 1023.71 and round figure would come to Rs. 1000/ per month and Rs. 12000/ per annum. The multiplier of 12 years is on lower side. The multiplier of 16 ought to have been applied considering the age of the claimant as 33 years in view of decision in case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121. By applying multiplier of 16 years, the future economic loss would come to Rs.192000/ ( Rs. 12000X 16). The Tribunal has awarded Rs.97120/ for future loss of income which is on lower side. Therefore, the claimant would be entitled to additional amount of Rs. 94880/.
7.0 As far as the amount of Rs. 89700/ for medical expenses, Rs.
20000/ for pain, shock and suffering, Rs. 10000/ transportation special diet , attendant charges and Rs. 25000/ actual loss of income are concerned, the same are just and proper and same are not disturbed.
8.0 Though the claimant is entitled to Rs.94880/ the claim in appeal is only Rs.58,180/. In the result, the appeal is partly allowed. Accordingly it is held that the appellant shall be entitled to a further sum of Rs. 58180/ in addition to the amount already awarded to him by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs (K.S.JHAVERI, J.) niru*