By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimant has challenged the judgment and order dated 20th October 2005 passed by the learned Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj in MAC Petition No.449 of 2001 whereby the Tribunal has awarded Rs.2,86,000 to the claimants as against their claim of Rs.5,30,200. 2 The short facts of the present appeal are that on the date of the incident i.e. on 3.10.2001 the appellant was coming from Bachau to Bhuj by driving Tempo No.GJ 2 U 9270. According to him, he was driving the said tempo slowly and on the correct side of the road and at about 21.30 hours when the said Tempo reached village Paddhar, 17 km ahead of Bhuj, at that time respondent No.2 came from the opposite direction by driving Tanker No.GJ-1-V-6288 in a rash and negligent manner and with excessive speed and dashed with the Tempo. Because of said collision the appellant sustained serious injuries on his chest, both the hands and other parts of the body. He has taken treatment from G.K. General Hospital for the period from 3.10.2001 to 12.11.2001 and thereafter from 17.11.2001 to 29.1.2002. He therefore filed claim petition claiming the compensation of Rs.5,30,200.
3 The learned Judge of the Tribunal considering 86% whole body disability of the appellant and considering the monthly income of the appellant at Rs.2000/- arrived at Rs.2400 as his yearly loss and by applying the multiplier of 10 awarded Rs.2,40,000/- under the head of future economic loss. Over and above, he has awarded the following amounts:
Pain, shock and suffering Rs. 5,000 Medical expenses Rs.15,000 Actual economic loss Rs.26,000 Thus, the Tribunal has awarded in all Rs.2,86,000 to the claimant along with interest at the rate of 6%. The claimant, therefore, filed the present appeal for enhancement.
4 Heard learned counsel for the parties and perused the record.
5. Mr Shah, learned counsel for the appellant has submitted that the Tribunal has committed an error in not considering the income of the appellant at Rs.3300 per month. He further contended that the multiplier of 10 adopted by the Tribunal is erroneous and it should have been 11.
6. Mr Vasant Shah, learned counsel for the respondent has supported the judgement and order of the Tribunal and contended that no interference is called for.
7. The tribunal has rightly assessed the income of the deceased at Rs.2,000/- and in view of the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the claimant is not entitled to be granted any amount under the head of future rise of income. As the age of the deceased was 52 years old, the Tribunal ought to adopted the multiplier of 11. Therefore, the appellant is entitled to Rs.2,64,000 under the head of future economic loss. (Rs.2000 x 12 = Rs.24000 x 11 multiplier = Rs.2,64,000). The claimant is entitled to the following amounts:
Future Economic Loss Rs.2,64,000 Pain, shock and suffering Rs. 5,000 Medical expenses Rs. 15,000 Actual economic loss Rs. 24,000 ========= Rs.3,08,000 Thus, the appellants are entitled to additional amount of compensation of Rs.22,000/-.
8. In view of the aforesaid discussion, the judgment and order dated dated 20th October 2005 passed by the learned Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj in MAC Petition No.449 of 2001 whereby the Tribunal has awarded Rs.2,86,000 to the claimants is modified to the extent that the claimants are entitled to additional amount of compensation of Rs.22,000 along with interest at the rate of 7½ % per annum from the date of the petition till the date of realisation.
Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd