1.0 This appeal is directed against the judgment and award dated 12th July 1996 passed by learned Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claim Petition No.337 of 1992 whereby the Tribunal has awarded a sum of Rs.98000/ together with interest at the rate of 15% from the date of petition till realization with proportionate costs.
2.0 On 31st January 1992 the claimant was traveling in a tempo towards Talaja from Makhaniya. The said tempo halted at the cross roads of BhavnagarPalitanaTalaja and it was lying on the side of the road. At that time one S.T. Bus came and dashed with legs of the claimant. He sustained serious injuries on his left leg. According to him, 3rd, 4th and 5th finger of his left leg were cut off due to injuries and he also suffered fracture of tibia. He therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the Tribunal ought not to have awarded the amount of Rs.98000/ by way of compensation; that the claim was restricted to Rs.50000/ and therefore only that amount should have been awarded; that the accident has occurred solely due to the negligence on the part of the tempo driver;
and that the income taken by the Tribunal is also on higher side.
4.0 As regards the negligent aspect is concerned, the findings of the Tribunal in para 8 is as under:
“... It is categorically mentioned in the panchnama of scene of offence that there were signs of damages and blood marks right from the front wheel to its rear wheel on the right side of the said tempo and the said bus was lying in crossed position on the road. Also the tempo was lying there at the scene of offence and right rear side of the said tempo was found damaged and blood marks on the right wheels were also found. Looking to the Map Exh.26, it appears that the tempo had almost crossed the Palitana Bhavnagar Road and the ST bus was just entering the said road. It is the duty of the driver of the heavy vehicle to see that no vehicle is coming from either side and only after confirming this fact, he should enter the main road. Here, in the instant case, Opponent no.1 has entered the Palitana Bhavnagar road without confirming that a tempo was coming from the other side. Had the opponent no.1 careful in taking his bus on the main road, the present incident could have been avoided. At the same time, it is also the duty of the tempo driver not to overload his tempo and allow passengers travelling in the said tempo to keep their legs outside the body of the tempo. Thus, this is clearly a case of contributory negligence of both the sides and looking to the contents of FIR, panchnama, Map of scene of offence as well as documentary evidence adduced in this case, ratio can be apportioned at 70% and 30% i.e. Opponent No.1 was contributory negligent at the ration of 70% and injured as well as tempo driver were contributory negligent at the ratio of 30%. Hence I decide issue No.1 & 2 partly in the affirmative accordingly.”
5.0 In view of the above finding it is clear that the Tribunal has taken just decision as regards the negligence aspect and no interference is warranted.
6.0 The Tribunal has taken the income of the claimant at Rs.3000/ per month which cannot be said to be an unreasonable amount. Considering the 20% disability on the body as a whole, the economic loss was considered at Rs.600/ per month. Multiplier of 7 was taken which is also just and reasonable. I have also considered the other amounts awarded under other heads which also do not require any interference.
7.0 However looking to the trend of rate of interest, the interest at the rate of 15% is on higher side and 12% would be the just interest. Accordingly it is held that the rate of interest shall be at the rate of 12% instead of 15 %. The excess amount of interest to be returned to the Insurance Company. The rest of the award is not disturbed. The award of the Tribunal is modified accordingly. Appeal is partly allowed to the aforesaid extent with no order as to costs.
(K.S. JHAVERI, J.) niru*