1. By way of this appeal, the appellant- original claimant has challenged the judgement and award dated 08.10.2005 passed by the Motor Accident Claims Tribunal(Auxiliary), Amreli, M.A.C.P. No.326 of 2002, whereby the tribunal has awarded compensation in the sum of Rs.3,08,500/- to the claimant with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident, one Lalitbhai Maganbhai Visaveliya, appellant herein, sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.326 of 2002 before the Motor Accident Claims Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimant.
3. Learned counsel for the appellant contended that the Tribunal has committed an error in assessing future loss of income. He further contended that the Tribunal ought to have awarded Rs.1,20,000/- under the head of attendant charges instead of Rs.50,000/-. In support of his contention, he relied upon the decision of the Apex Court in the case of Nagarajappa Vs. Division Managter, Oriental Insurance Co. Ltd. reported in AIR 2011, SC, 1785.
4. Learned counsel for the respondents opposed the contentions of learned advocate for the appellant and contended that the Tribunal after considering the evidence on record has passed the impugned award, therefore, he prayed to dismiss the present appeal.
5. I have heard learned advocates for both the parties and perused the material on record. I have also perused the decision of the Apex Court relied upon by the learned advocate for the appellants. From the record it is clear that the tribunal has not calculated the income of the appellant as per the ratio laid down in the case of Sarla Dixit and Another Vs. Balwant Yadav and Another reported in (1996) 3 SCC 179. There is no dispute about the income of the deceased, which is Rs. 1500/- per month. As per the aforesaid decision the monthly income of the appellant comes to Rs.2250. Since, the appellant has sustained 45% disability, he is entitled for 45% amount from the monthly income. Therefore, the appellant is entitled to Rs. 1012.5%, towards future loss of income, which is rounded off to Rs.1050/- and accordingly annually it comes to Rs.12,600/-. If multiplier of 15 is adopted, the dependency comes to Rs.1,89,900/-, whereas the Tribunal has awarded Rs.1,21,500/- under the aforesaid head.
6. I also find that the Tribunal has committed an error in awarding compensation of Rs.50,000/- under the head of attendant charges. I am of the view that if an additional amount of Rs.70,000/- is granted, the same would met ends of justice. Rest of the awards are just and proper, therefore, they are not disturbed.
7. In that view of the matter, the claimants are entitled for additional amount of Rs.1,37,500/- [ additional amount of Rs.67,500 under the head of future loss of income and additional amount of Rs.70,000/- under the head of attendant charges] alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
8. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]