1.0 This appeal is directed against the judgement and award dated 17.09.1999 passed by the Motor Accident Claims Tribunal (IIAuxiliary), Ahmedabad in Motor Accident Claims Petition No. 1476 of 1995 wherein the learned Tribunal has partly allowed the aforesaid claim petition of the claimants by awarding compensation in the sum of Rs. 91800/ at the rate of 12% per annum from the date of claim petition till realization.
2.0 On 08.06.1994 at around 4.30 a.m. when the claimant was going along with the goods., the sack of green chilies driving his paddle rickshaw, the S. T bus came from the opposite direction in a rash and negligent manner and hit the paddle rickshaw with the front portion of the bus. As a result thereof, the rear wheel of the bus crushed the leg of the claimant and he took prolonged treatment. The claimant therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award. This appeal is at the instance of claimant for enhancement of compensation.
3.0 The only contention of the learned advocate for the appellant that the multiplier of 13 applied by the learned Tribunal is on lower side. It should be 17 years looking to the age of 30 years in view of decision of the Hon’ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the respective parties and perused the documents of record.
6.0 As far as negligence, and disability are concerned, the same are not undisputed. As far as income of the claimant is concerned, the Tribunal in absence of any cogent and reliable evidence, has rightly assessed the income of Rs. 1000/ per month or Rs. 12000/ per anuum, The claimant received disability 33% of the body as a whole. Hence, the loss per month would come to Rs.3960/ per year. However, the multiplier of 13 years applied by the Tribunal for future loss of income is on lower side. It should be 17 years. By applying multiplier of 17 years the future economic loss would come to Rs. 67320/. The Tribunal has awarded Rs. 51,580/ towards the future loss of income which in my view is on lower side.
7.0 In the premises aforesaid, the claimant is entitled to an additional amount of Rs. 15840/ ( Rs. 67320/ Rs. 51480/) at the interest rate of 7.5% from the date of the claim petition. The award is modified accordingly. The appeal is allowed to aforesaid extent with no order as to costs.
(K.S.JHAVERI, J.) niru*