By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original claimant has challenged the judgment and order dated 19th July 2005 passed by the learned Motor Accident Claims Tribunal (Aux) & 4th Presiding Officer, Jamnagar in MAC Petition No.441 of 2000 whereby the Tribunal has partly allowed the claim petition. 2 The short facts of the present appeal are that on the date of the incident i.e. on 15th March 2000 while the injured was playing cricket on the bank of lake, at that time, a tractor bearing No.GJ.7A.9937 came there in a rash and negligent manner and had run over on the right leg of the injured due to which his right leg got fractured. It is his case that his leg was operated upon and he had to remain in hospital for a long period. Therefore, the claimant has filed aforesaid claim petition claiming compensation of Rs.4 lakhs.
3 The Tribunal considered the notional income of the deceased at Rs.15000 per annum and as the appellant sustained permanent partial disability to the extent of 12% of whole body, the Tribunal assessed the future economic loss at Rs.18,750 by adopting the multiplier of 15. The Tribunal has also awarded Rs.5,000 towards Pain, Shock and Suffering, Rs.1,000 towards transportation charges, Rs.2,400 towards medicines, Rs.1,000 towards special diet, Rs.2000 towards attendant charges and thereby assessed Rs.31,150 to be the total amount of compensation.
4 Learned counsel for the appellants has contended that the Tribunal has committed an error in not considering future economic prospects of the deceased. The learned counsel for the appellant has also submitted that the amount awarded under the head of Pain, Shock and Suffering is on lower side. He further contended that though the appellant spent Rs.60,000 towards medical treatment and produced bills of Rs.39,483/- only Rs.2,400 was awarded.
5. Learned counsel for the respondents has supported the judgment and award and stated that the judgment and award is just and no interference is called for.
6. The Tribunal has rightly assessed the notional income of the injured at Rs.15,000 as he was a minor at the relevant point of time and had no income. Therefore, future economic prospects cannot be considered. However, the Tribunal ought to have applied multiplier of 18 instead of 15. Therefore, the future economic loss would come to Rs.32,400 (Rs.1800 x 18 multiplier). The contention of the appellant that the Tribunal has committed an error in not awarding Rs.39,483 towards medical treatment as the said medical bills were not exhibited and therefore the Tribunal has rightly awarded Rs.2,400 under the head of medical treatment. The appellant is also entitled to Rs.3750/- towards actual loss of income as the father of the appellant had taken care of the appellant while he was in hospital.
7. In view of the aforesaid discussion, the appellant is entitled to the following amounts of compensation:
Future Economic Loss Rs.32,400 Pain, Shock & Suffering Rs. 5,000 Attendant Charges Rs. 2,000 Transportation Expenses Rs. 1,000 Special Diet Rs. 1,000 Actual Loss of Income Rs. 3,750 Medicines Rs. 2,400 ======= Total Rs.47,550 However, the Tribunal has awarded only Rs.31,150 to the appellant and therefore the appellant is entitled to get additional amount of Rs.16,400 along with interest at the rate of 7.5% per annum from the date of application till realisation.
9. In the result, the appeal is partly allowed to the aforesaid extent. Judgment and award passed by the Tribunal are modified to the extent indicated hereinabove.
(K.S.Jhaveri, J.) *mohd