1.0 This appeal is directed against the judgment and award dated 18.12.2000 passed by the learned Motor Accident Claims Tribunal (Auxi II), Kachchh at Bhuj in Motor Accident Claim Petition No.329 of 1992 wherein the Tribunal has awarded a sum of Rs.3,71,900/ ( Rs. 3, 24,000/ towards future loss of income + Rs. 15,000/ towards drugs, medicines, rich diet conveyance charges + Rs. 2000/ for attendant charges + Rs. 900/ for the loss of income during the treatment period+ Rs. 15, 000/ for pain, shock and suffering + Rs. 15, 000/ for loss of enjoyment of life) along with interest @ 15% from the date of petition till realization. 2.0 On 03.06.1992, when the respondent No.1 original claimant and his friend were proceeding on the left had side Kachchha Road, towards village Deshalpar at around 3.00 hours, a truck No. G.T.Y. 5691 came from opposite direction in a rash and negligent manner and in excessive speed and dashed with the respondent No.1. The wheels of the said truck were run over on the left leg of the respondent No.1 and he became totally disabled because of the injuries sustained by him. He therefore, filed, the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellantInsurance Company contended that learned Tribunal has committed error in considering the future loss of income at Rs. 3, 24, 000/. As per evidence on record the monthly income was Rs. 450/. By doubling and taking average it would come to Rs. 675/. There is 50% disability and therefore it would come to Rs. 337.5. The round figure would come to Rs. 340/ per month and Rs.4080/ per year. By applying multiplier of 18 years, it would come to Rs. 73440/. Hence, the future loss of income come to Rs. 73440/.
4.0 Learned advocate for the appellant contended that there is no evidence on record to show the income of Rs. 15000/ per year; that the Rs. 15000/ for treatment medicines, rich diet is on higher side even though there are bills produced only to the extent of Rs.547/ at Exh. 36. He further contended that the amount awarded under the head of pain, shock and suffering, enjoyment of life is duplicating and that the interest at the rate of 15% is on higher side.
5.0 Learned advocate for the respondent submitted that in the year 1994, the legislation thought if fit to take notional income as Rs. 12, 000/ per year and made rules accordingly and therefore,Rs. 12000/ may be considered as notional income.
6.0 Heard learned advocate for the respective parties. The income is considered at Rs.1000/ per month and Rs. 12, 000/ per year. I am of the view that the said income is just and proper and nothing is pointed out to take a different view of the matter. As per medical certificate, permanent disability is shown as 50%. Therefore, considering the permanent disability shown as 50%., the amount would come Rs.6000/. By applying multiplier of 18 considering the age, the future loss of income would come to Rs. 108000/ ( Rs. 6000/x 18).
7.0 The learned Tribunal has awarded Rs. 15000/ for pain, shock and suffering, Rs. 15000/ towards the amount of drugs, medicines, rich diet, conveyance charges, Rs. 2000/ for attendant charges, Rs. 900/ for the loss of income during the treatment period, Rs. 15000/ for loss of enjoyment. The amounts awarded under the above heads are just and proper.
8.0 However, looking to the trend of rate of interest, the interest awarded by the Tribunal at 15% is on higher side. It should have been at the most 12%. It is accordingly held that the claimants shall be entitled to interest at the rate of 12% instead of 15%.
9.0 In the premises aforesaid it is held that claimants are entitled to total compensation in the sum of Rs. 1,55,900/ ( Rs. 1.55.900/ towards future loss of income + Rs. 15,000/ towards drugs, medicines, rich diet conveyance charges + Rs. 2000/ for attendant charges + Rs. 900/ for the loss of income during the treatment period+ Rs. 15, 000/ for pain, shock and suffering + Rs. 15, 000/ for loss of enjoyment of life) along with interest at the rate of 12% per annum. The learned Tribunal has awarded compensation of Rs.3,71,900/ which is on higher side. Therefore, excess amount of 2,16,000/ shall be refunded to the insurance company at the rate of 15%. The excess amount of interest is also refunded to the Insurance Company. The award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*