This appeal is directed against the judgment and award dated 13th August 1996 passed by the learned Motor Accidents Claims Tribunal (Main), Bhavnagar in MAC Petition No.57 of 1996 that has been filed by the claimants vide which the Tribunal awarded compensation of Rs.4,75,000 to the claimants. 2 The short facts of the present case are to the effect that on the date of the incident the respondent herein, original claimant was riding as a pillion rider on motorcycle bearing No.GJ-4-3-6665 for going to Kanpar village for catching the bus to Bhavnagar. It is the case of the claimant that because of rash and negligent driving of the motorcycle rider, said motorcycle slipped while negotiating a turn and therefore the claimant fell down on the road and received grievous injuries. He was taken to Ahmedabad Civil Hospital for treatment where he was operated upon. The claimant therefore filed claim petition claiming total compensation of Rs.5,00,000 from the opponents jointly and severally.
3 The learned Judge of the Tribunal has calculated the monthly income of the deceased at Rs.1500 per month and considering 100% whole body disability arrived at Rs.18000 per year as future economic loss. He deducted 1/3rd amount towards his personal expenses and by adopting the multiplier of 15 awarded Rs.2,70,000 as future economic loss. He then awarded Rs.50,000 under the head of pain, shock and suffering, Rs.50,000 under the head of special diet, Rs.30,000 under the head of loss of future marital prospects and Rs.24,000 under the head of actual loss of salary. The appellant insurance company has challenged the said judgment and award by filing the present appeal.
4 Heard learned counsel for the parties and perused the record.
5. Learned counsel for the appellant argued that the Tribunal has wrongly awarded Rs.50,000 to the claimant under the head of loss of enjoyment and amenities. He further contended that though the Tribunal has considered the monthly income of Rs.1500 has awarded Rs.25,000 under the head of actual loss of income as he was confined to bed for eight months. He submitted that, in fact it should be Rs.12,000. .
6. Mr Shah, learned counsel for the claimant has supported the judgment and award of the Tribunal and contended that no interference is called for.
7. In view of the medical evidence which has been brought on record, the amount awarded under the head of future economic loss is just and proper. Further, the Tribunal ought not have awarded under the head of 'loss of enjoyment and amenities' and under the head of 'marriage prospects' as the same would amount to duplicity and therefore the claimants would not be entitled to Rs.50,000 which was granted on the head of 'loss of enjoyment and amenities'. The Tribunal has also committed an error in calculating the actual loss of income. The injured was confined to be for a period of 8 months and therefore for 8 months the salary of the injured would be Rs.12,000 only and therefore there is an excess amount of Rs.13,000/- which has erroneously been awarded. Thus, the claimants are entitled to receive the following amounts:-
Rs.2,70,000 Future Economic Loss Rs. 50,000 Pain, Shock and Suffering Rs. 50,000 Medicines Rs. 30,000 Loss of enjoyment of life/marriage prospects Rs. 12,000 Actual loss of income Rs.4,12,000 Therefore, in all, the claimants are entitled to Rs.4,12,000/- as against the awarded amount of Rs.4,75,000/-. Therefore, the excess amount of Rs.63,000 is required to be refunded to the insurance company.
8. In view of the aforesaid discussion, the judgment and award dated 13th August 1996 passed by the learned Motor Accidents Claims Tribunal (Main), Bhavnagar in MAC Petition No.57 of 1996 that has been filed by the claimants vide which the Tribunal awarded compensation of Rs.4,75,000 to the claimants is modified to the extent that the claimants are entitled to Rs.4,12,000/-. The excess amount of Rs.63,000/- is ordered to be refunded to the insurance company.
(K.S.Jhaveri, J.) *mohd