1. By way of this appeal, the present appellant-original claimant has challenged the judgement and award dated 28.03.2001, passed by the Motor Accident Claims Tribunal(Auxi.), Ahmedabad, in M.A.C.P. No.400 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.35,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident one Jivanlal Pritamchand Jain, appellant herein, sustained grievous injuries, therefore, he filed claim petition being M.A.C.P. No. 400 of 1991 before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimant.
3. Learned counsel for the appellant contended that the tribunal has committed an error in awarding compensation to the claimant. He further contended that the Tribunal has committed an error in assessing the future loss of income.
Therefore, he prayed to allow this appeal.
4. On the other hand, learned Counsel for the respondents have opposed the appeals and have prayed to dismiss the same, as being without merit.
5. I have heard learned counsel appearing for the respective parties and perused the material on record. From the record it is clear that the tribunal has committed an error in assessing the future loss of income. There is no dispute about the income of the appellant. Since, the appellant has sustained 24% disability for the body as a whole, he shall be entitled to Rs. 432/- for monthly loss of income. Therefore, annual loss of income comes to Rs.5184/-. Looking to the age of the appellant multiplier of 17 would be just and proper. If multiplier of 17 is adopted, the total loss of dependency comes to Rs.88,128/-, whereas the Tribunal has awarded Rs.10,000/- under the said head. Rest of the awards are just and proper therefore, they are not disturbed.
6. In that view of the matter, the claimant is entitled for compensation of Rs.78,128/- along with interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization.
7. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]