1.0 Mr. Parikh, learned advocate appears for the respondent No.2 Insurance Company as per Court's suggestion.
2.0 This appeal is directed against the judgement and award dated 07.03.2000 passed by the Motor Accident Claims Tribunal ( Main), Baroda in Motor Accident Claim Petition No. 1260 of 1992 whereby the learned Tribunal has awarded a sum of Rs. 86587/ as compensation along with interest @ 12% per annum from the date of application till realization.
3.0 On 16.01.1992 the claimant was driving his scooter bearing No.
GJ.6.D. 108 from his residence towards S.S. G. Hospital. At that time, a jeep Car No. 17.A.7537 came in excessive speed and in rash and negligent manner from the opposite direction and dashed with the scooter. As a result of this, the claimant sustained serious injuries. He therefore, filed the aforesaid claim petition wherein the learned Tribunal has passed the aforesaid award. This appeal is at the instance of claimant for enhancement of compensation.
4.0 Learned advocate for the appellants contended that the learned Tribunal ought to have assessed the functional disability at 50% in view of the disability of 40% assessed by the doctor for awarding compensation; that the claimant has lost the vision by the right side and certificate of Dr. Sudhakar at Exh. 32 was also produced and that learned Tribunal has miserably erred in awarding Rs. 25000/ towards pain, shock and suffering. He submitted that an amount of Rs. 37500/ ought to have been awarded towards pain, shock and suffering. He placed reliance on the decision of this Court in case of Ahmedabad Municipal Corporation versus Niranjan Ambalal Patel and others reported in 1982 (2) GLR 180 wherein the amount awarded towards pain, shock and suffering is enhanced. According to him the multiplier of 16 applied by the learned Tribunal is on lower side and it should be 16 in view of decision as per the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. According to him, on the basis of income of Rs. 15000/ per year and 40% disability, the annual loss would come to Rs. 6000/ and by applying multiplier of 18, the future loss of income would come to Rs. 108000/.
5.0 Learned advocate appearing for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
6.0 Heard learned advocates for the parties and perused the documents on record.
7.0 As far as income is concerned, the claimant was minor at the time of accident and therefore, the income of Rs. 600/ per month assessed by the learned Tribunal is just and proper. Further, the claimant was admitted in the hospital and was kept under treatment for 12 days. She lost the vision by right eye. The certificate of Rs. Sudhakar at Exh. 32 was produced. Hence, the learned Tribunal by considering the evidence on record found that the claimant received 40% disability on right eye. By considering the income of Rs. 600/ per month and 40 % disability, the monthly loss would come to Rs. 240/ and annual loss would come to Rs. 2880/. However, multiplier of 16 applied by the learned Tribunal is on lower side. It should be 18. By applying 18 multiplier, the future loss of income would come Rs. 51840/. The Tribunal awarded Rs. 46080/ toward the future loss of income. Therefore, the claimant is entitled to Rs. 5760/ as additional amount.
8.0 Further, the Tribunal awarded Rs. 25000/ towards pain,, shock and and suffering. However, the claimant is entitled for Rs. 37500/ in view of the decision in case of Ahmedabad Municipal Corporation versus Niranjan Ambalal Patel and others ( supra). Therefore, there is an additional amount of Rs. 12500/ towards the aforesaid head.
9.0 The amount of Rs. 8000/ awarded towards the head of attendant, special diet, conveyance and transportation and Rs. 7507 towards medical bills are just and proper.
10.0 In the result, the appeal is partly allowed. The appellant is entitled to total compensation in the sum of Rs. 104847/ ( Rs. 51840/ towards future loss of income + Rs. 37500/ towards pain, shock and suffering + Rs. 8000/ towards attendant, special diet, conveyance and transportation + Rs. 7507 for medical bills). However, the learned Tribunal awarded Rs. 86587/ as total compensation. Therefore, appellant is entitled to a further sum of Rs. 18260/ in addition to the amount already awarded to her by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly.
(K.S.JHAVERI, J.) niru*