1. This appeal has been preferred against the judgment and award dated 11.09.2002 passed by the Motor Accident Claims Tribunal [Main], Bharuch, in M.A.C.P. No. 483/1995, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.3,01,000/- together with interest at the rate of 9% p.a. from the date of application till its realization with proportionate costs thereon. The appellant has prayed for enhancement of the amount of compensation by filing the present appeal.
2. The facts in brief are that on 02.08.1995 while Oliyabhai Zinabhai was going on his bicycle, when he reached near Jespor a Jeep bearing no. GJ-1-1591coming from the opposite direction, dashed with the cycle. As a result thereof, both the Oliyabhai Zinabhai sustained bodily injuries. During the course of treatment, Oliyabhai Zinabhai expired. The legal heirs of the deceased filed the claim petition before the Tribunal claiming compensation of Rs.9,99,999/-. The Tribunal partly allowed the claim petition by way of the impugned award. Being dissatisfied with the amount of compensation awarded by the Tribunal, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The main ground under which the appellants have prayed for enhancement of the amount of compensation is that though the Tribunal has believed the monthly income at Rs.1500/-, it has not taken into consideration the future loss of income while calculating the amount of compensation.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellants since the Tribunal has not calculated income under the head of future loss while calculating the amount of compensation. By adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the income would come to Rs.2250/-. Since the number of claimants are six, 1/4th amount would be deducted towards personal expenses, which would come to Rs1687.5. By adopting multiplier of 16, the total income would come to Rs.3,24,000/-(1687.5 x 12 x16). However, the Tribunal has awarded only Rs.2,88,000/- under the said head. The claimant shall also be entitled an amount of Rs.25,000/- towards conventional expenses. Therefore, the claimant shall be entitled for an additional amount of Rs.48,000/- together with interest at the rate of 7.5% per annum instead of 9% as awarded by the Tribunal.
5. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.48.000/- together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top