1. The appellant-original claimant has preferred this appeal against the judgement and award dated 16.10.2000, passed by the Motor Accident Claims Tribunal(Main), Surendranagar, in M.A.C.P. No.755 of 1995, whereby the Tribunal has awarded compensation in the sum of Rs.2,45,950/- to the claimant with interest at the rate of 12% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that one Monoharsinh @ Manoj Kanaksinh Zala, appellant herein, was serving as a cleaner in a tanker, bearing registration No.4438. On 16.5.1995 while the appellant was going towards Kandla in the said tanker, at that time one truck bearing registration No. GJ 11T 7823 came from the opposite direction and dashed the tanker. As a result of the said accident, the appellant sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.755 of 1995 before the Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record decided the claim petition 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 awarding compensation to the appellant. He further contended that the Tribunal has wrongly assessed the income of the appellant. He further contended that the amount awarded under the head of future loss of salary. Therefore, he prayed to allow this appeal.
4. Learned counsel for the respondents has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in assessing the monthly income of the appellant at Rs.1000/-. I am of the view that the Tribunal ought to have assessed the annual income of the appellant at Rs. 15,000/- There is no dispute about the disability of the appellant, which is to the extent of 23%. Since, the appellant has sustained 23% disability, he is entitled to 23% amount from the annual loss of income. Accordingly, annual loss of income comes to Rs.3450/-. I also find that the multiplier adopted by the Tribunal is on lower side. In view of 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, the multiplier of 18 would be just and appropriate. If multiplier of 18 is adopted, the total future loss of income comes to Rs.62,100/-, whereas the Tribunal has awarded Rs.41,400/- under the said head.
6. I also find that the amount of Rs.6000/- awarded under the head of actual loss of salary is on lower side. I am of the view, that if additional amount of Rs.9000/- is awarded under the head of future loss of income, the same would met ends of justice.
7. Thus, in all the claimants are entitled for additional amount of Rs.29,700/-[ additional amount of Rs.20,700/- under the head of future loss of income and Rs.9000/- under the head of future loss of salary] along with 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.]