1. The appellant herein has challenged the award dated 26.12.2000 passed by the Motor Accident Claims Tribunal (Aux.), Banaskantha at Palanpur in Motor Accident Claims Petition No. 8 of 1992 so far as the Tribunal awarded Rs. 1,43,600/- as compensation with interest and costs.
2. The original claimant had filed claim petition seeking compensation to the tune of Rs. 2 lakhs for the vehicular accident which occurred on 06.07.1990 when the claimant was travelling in a jeep bearing registration no. GJ-8-168. At that time a motor truck bearing registration no. GTF 9818 driven in a rash and negligent manner dashed with the jeep from behind as a result of which he sustained injuries. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Desai, learned advocate appearing for the appellants submitted that the Tribunal has assessed the income and prospective income of the appellant on lower side. He submitted that the multiplier adopted is on lower side. He further submitted that the amount awarded under the heads of pain shock and suffering, actual loss and transportation are required to be enhanced.
4. Mr. Shelat, 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 prospective income of the deceased at Rs. 700/- after considering monthly income of Rs. 500/-. The said income should be doubled and actual gross income should be added.
By doubling, the amount would come to Rs. 1000/- and by adding current income of Rs. 500/- it would come to Rs. 1500/-. Average monthly income can be derived by dividing the same by 2. Therefore the prospective income would come to Rs. 750/-. Considering the disability as assessed by the Tribunal which is just and proper, the annual loss of income shall come to Rs. 9000/-.
5.1 However, I am of the view that, looking to the age of the claimant, the multiplier of 14 awarded in the present case is on lower side. The just and proper multiplier would be 18. Therefore the future loss of income would come to Rs. 1,62,000 (Rs.9000 x 18).
6. As regards the rest of the awards under various heads, the claimant shall be entitled to additional Rs. 15000/- towards pain, shock and suffering which makes the amount Rs. 25000/- and an amount of Rs. 9000/- under other heads. Therefore, the claimants shall be entitled to an amount of Rs. 1,96,000/- as compensation. The Tribunal has awarded Rs. 143600/- as compensation and therefore the claimant shall be entitled to Rs. 52400/- as additional compensation.
7. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 52,400/- 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//