1. This appeal has been preferred against the judgment and award dated 30.01.1994 passed by the Motor Accident Claims Tribunal [Auxi], at Ahmedabad in M.A.C.P. No. 195 of 1994, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.27,900/ along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 30.01.1994 at around 0745 hours, while the appellant was going on his bicycle, at a particular place, a loading rickshaw bearing no. GJ1A4973, driven by respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3, in a rash and negligent manner, dashed with the bicycle, as a result of which, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. The present appeal has been filed for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. The main ground under which the appellant has prayed for enhancement of the amount of compensation is that though the Tribunal has believed the monthly income at Rs.1,000/ and the disability at 12% for the body as a whole, it has not taken into consideration the future loss of income while calculating the amount of compensation.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has not calculated income under the head of future loss while calculating the amount of compensation. By adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the income would come to Rs.1500/ per month and Rs.18000/ annually. 12% of the said amount comes to Rs.2160/. Instead of 10, the multiplier would be 18 in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C. 121. Hence, the total income would come to (2160 X 18) Rs.38,800/. But, the Tribunal has awarded only Rs.24,480/ under the said head. Therefore, the claimant shall be entitled for an additional amount of Rs.24,480/ together with interest at the rate of 7.5% per annum instead of 12% as awarded by the Tribunal.
5. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.24,480/ together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/