1. By way of this appeal, the appellant-original claimant has challenged the judgement and award dated 16.10.2004 passed by the Motor Accident Claims Tribunal(Auxiliary-i), Ahmedabad in M.A.C.P. No.577 of 2003, whereby the tribunal has awarded compensation in the sum of Rs.36,300/- to the claimant, with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The short facts of this case are that on 14.03.2003 the petitioner was standing on the edge of the road near Siddhanath temple at that time the opponent No.1 came from Dholka by driving his scooter No.GJ.02.Q.4794 in excessive speed and in a rash and negligent manner and dashed with the petitioner due to which the petitioner was knocked down and sustained serious injuries. Therefore, she filed claim petition being M.A.C.P. No.577 of 2003 before the Tribunal. 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 herein above against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellant has contended that the Tribunal has committed error in awarding compensation to the claimant. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted the multiplier of 9 instead of 5. He further contended that the Tribunal ought to have assessed the monthly income of appellant at Rs.2,500/-.
appellant aged about 60 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 5 adopted by the tribunal is on lower side, it should be 9. The tribunal ought to have adopted the multiplier of 9 instead of 5. If the multiplier of 9 is adopted the net amount under the head of future loss of income comes to Rs. 19,440/- [Rs.180 x 12 x 9], whereas the the tribunal has awarded Rs.10,800/- under the head of future loss of income.
5. In that view of the matter, the claimant is entitled to additional amount of Rs.8,640/- alongwith interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization. Rest of the award are just and proper therefore they are not disturbed.
6. 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.)