1. This appeal has been preferred by the appellant, original applicant, against the judgment and award dated 23.08.2007 passed by the Motor Accident Claims Tribunal (Aux.), Palanpur in M.A.C.P. No.235/1993 whereby, the claim petition was allowed in part and the appellant was awarded compensation of Rs.99,500/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs as against the total claim of Rs.4.00 Lacs.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 16.11.1992 involving Jeep bearing registration No. GJ-8-G-9501.
3. The appellant has prayed for enhancement of compensation under different heads. It has been submitted that the monthly income assessed by the Tribunal as also the multiplier are on the lower side. Reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.
4. Heard learned counsel for the parties. The issue of negligence, as decided by the Tribunal, has not been disputed by either side and therefore, I do not find it necessary to discuss the same once again in this appeal. However, so far as the aspect of compensation is concerned, it appears that the appellant had not produced any evidence to prove her income and therefore, the income was notionally assessed at Rs.1,500/- per month, which is just and appropriate. However, I find that the multiplier adopted is on the lower side. Considering the age of appellant at the time of accident, the appropriate multiplier is 16 in view of the decision in Sarla Verma's case (supra). By adopting the said multiplier, the appellant shall be entitled for additional amount of Rs.3,600/-. So far as compensation awarded under other heads are concerned, the same are just, legal and appropriate.
5. In the result, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional compensation of Rs.3,600/- [Rupees Three thousand six hundred only] along with interest at the rate of 07.5% per annum from the date of application till its realization, over and above the compensation awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top