1. By way of this appeal, the present appellant- original claimant has challenged the judgement and award dated 16.02.2004, passed by the Motor Accident Claims Tribunal(Main), Vadodara, in M.A.C.P. No.701 of 1994, whereby the tribunal has awarded compensation in the sum of Rs.2,31,000/- to the applicant with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 16.05.1994 while one Kiranbhai Thakorbhai Patel was travelling in a Jeep bearing No.GJ-5A-9176, being driven by opponent no.4 a Truck bearing registration No.GTH-7273 driven by original opponent no.1 came from opposite direction in rash and negligent manner, and while attempting to over take the foregoing vehicle came on wrong side of the road and dashed with the jeep of the applicant. As a result of the said accident, Kiranbhai sustained serious injuries. Therefore, the claimant filed claim petition being M.A.C.P. No.701 of 1994 before the Tribunal for compensation.
3. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant.
4. Learned counsel for the appellant has contended that the compensation awarded by the Tribunal is on lower side. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted the multiplier of 16 instead of 5.
5. I have heard learned counsel for the parties and perused the materials on record. In my view, the Tribunal was completely justified in assessing monthly income of the original claimant at Rs.4,000/-, but, the Tribunal has erred in not considering the prospective income. Hence, the prospective income of the claimant comes to Rs.6,000/- (Rs.4,000/-X 3/2). The Tribunal was justified in holding 30% disability for the body as a whole, relying upon the medical evidence produced before it. Therefore, monthly loss of income comes to Rs.1,800/- and annual loss of income comes to Rs.21,600. The Tribunal has adopted the multiplier of 5. But, as per the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, and the fact that the claimant was aged about 35 years and multiplier of 16 should have been adopted. Hence, total amount under the head of future loss of income comes to Rs.3,45,600/-. The Tribunal has already awarded Rs.1,08,000/- under the said head. Therefore, additional amount of Rs.2,37,600/- is required to be awarded. The Tribunal was completely justified in awarding compensation under the other heads.
6. In that view of the matter, the appellant is entitled to an additional amount of Rs.2,37,600/- alongwith interest at the rate of 7.5% per annum from the date of filing of the application till realization. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. Present appeal is partly allowed.
mehul (K.S.JHAVERI,J.)