1. The appellant herein has challenged the award dated 09.04.2003 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 719 of 1998 so far as the Tribunal awarded Rs. 87,000/- as compensation with interest and costs.
2. The original claimant had filed claim petition seeking compensation to the tune of Rs. 4 lakhs for the vehicular accident which occurred on 02.04.1998 by the rash and negligent driving of truck no. GJ-2-U-4125. The Tribunal after hearing the parties passed the aforesaid award.
3. Ms. Panchal, learned advocate appearing for the appellant submitted that the Tribunal erred in considering the appellant's prospective monthly income and also erred in considering the income as Rs. 3700/- per month. She submitted that the Tribunal also erred in assessing appropriate disability as per the evidence on record. Ms. Panchal further submitted that looking to the age of the claimant the multiplier adopted is on lower side.
4. Mr. Mehta, learned advocate appearing for the respondent supported the award of the Tribunal and submitted that the same having been passed after considering the evidence in detail does not call for any interference by this Court.
5. In the present case the Tribunal has assessed the income of the appellant at Rs. 3700/- per month. Nothing is pointed out to take a different figure in that regard. The said income should be doubled and actual gross income should be added. By doubling, the amount would come to Rs. 7400/- and by adding current income of Rs. 3700/- it would come to Rs.
11,100/-. Average monthly income can be derived by dividing the same by 2. Therefore the prospective income would come to Rs. 5550/- per month. The disability of 15% is just and proper . Accordingly the loss of income will be Rs. 832.50 per month and Rs. 9990/- annum.
5.1 However, I am of the view that, looking to the age of the claimant, the multiplier of 10 awarded in the present case is on lower side. The just and proper multiplier would be 16. Therefore the future loss of income would come to Rs. 1,59,840 (Rs.9990 x 16).
6. As regards the rest of the awards under various heads, the same is just and proper. Therefore, the claimants shall be entitled to an amount of Rs. 2,16,840/- (Rs. 159840/- under future loss of income + Rs. 57000/- under various heads) as compensation. Considering the negligence of 30%, the claimant shall be entitled to only Rs. 1,51,788/- which is rounded off to Rs. 1,52,000/-. The Tribunal has awarded Rs. 87,000/- and therefore an additional amount of Rs. 65,000/- is required to be granted.
7. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 65,000/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//