1. This appeal has been preferred against the judgment and award dated 07.04.2003 passed by the Motor Accident Claims Tribunal [Main] Bhuj-Kutch in M.A.C.P. No. 130 of 1995, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.74,900/- along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 12.10.1994, while the appellant was travelling in a Truck bearing no. GRX 4976, as a cleaner, at a particular place, on account of the rash and negligent driving, the driver of the Truck, dashed with another Truck bearing no. MP-17-1244, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant preferred claim petition, which came to be partly allowed, by way of the impugned award.
3. Heard learned counsel for the respective parties. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side. Having gone through the impugned award, I find that the multiplier adopted by the Tribunal is on lower side in view of the principle laid down in the decision of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C.
121. Considering their age, the multiplier of 17 could be adopted and thus, the total income under the head of loss of future income would come to Rs.57,324/-. However, the Tribunal has awarded Rs.50,580/- under the said head. Thus, the claimant shall be entitled for additional amount of Rs.6,744/- rounded off to Rs.6,750/- under the head of loss of future income.
4. So far as the income on other heads are concerned, they are just and appropriate and in consonance with the evidence on record and the law on the subject.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimant shall be entitled for additional compensation of Rs.6,750/- along with interest @ 7.5% as against awarded by the Tribunal. The rest of the impugned award stands unaltered and is confirmed. The appeal stands disposed of. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top