1. The appellant, original claimant, has filed this appeal under Section 173 of Motor Vehicles Act, 1988, for enhancement of claim amount, against the Judgment and Award dated 7.4.1999 passed by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad, in M.A.C. Petition No.404 of 1990(3), whereby the Tribunal awarded Rs.30,640/- with interest at the rate of 12% per annum from the date of claim petition till realization against the respondents jointly and severally.
2. The appellant filed the claim petition to get a sum of Rs.73,000/- by way of compensation from the respondents for the disability of the body of the victim-applicant due to vehicular accident.
The facts of the case are that on 14.6.1989, while the claimant Mikulkumar Pravinbhai Patel, was going to his Uncle s house at Prabhuvir Society by his cycle, at Bungalow No.5, Prabhuvir Society, Motorcycle bearing No.JUA-777 driving by respondent No.1, came rashly and negligently back side of the claimant and dashed the claimant, due to which the claimant sustained severe injuries, and therefore, the claimant was shifted to Dr.Bhupendra Sagar s Hospital as indoor patient from 14.6.1989 to 24.6.1989 and operation was carried out and medical treatment was continued for a long time.
It is submitted by learned advocate for the appellant that permanent disability of the appellant is assessed at 16% by Dr.Upadhyay in his deposition at Exh.58 due to fracture in the left leg and grievous injuries on the body as a whole. Upon consideration of above facts and circumstances and as agreed by both the parties, the Tribunal had considered the 11% disability for the body as a whole and as the claimant was minor at the time of accident, multiplier applied 15 in the case of the injured claimant. The Tribunal had awarded the compensation under different heads as under:
Particulars Tribunal Awarded Income (Prospective) 1000 Disability (11%) 110 pm Yearly Income x Multiplier (15) [Rs.110 x 12 x 15] 19800 Pain, Shock and Suffering 12000 Special Diet 4500 Transportation Charges 2000 Total 38300 Less 20% due to held negligent for accident on the part of claimant 7660 Total Awarded Amount:
30640
4. The judgment and award dated 7.4.1999 passed in M.A.C. Petition No.404 of 1990(3) by the Tribunal is assailed by the learned advocate for the appellant on the ground that the Tribunal has erred in applying lower multiplier by ignoring relevant circumstances and that, the income even below the minimum wages prescribed for a skilled worker and also, the Tribunal has erred in granting less amount on medical charges though there was sufficient evidence on record to prove the full amount claimed.
Learned advocate for the appellant has placed reliance on the decision of Supreme Court in the case of Smt.Sarla Varma & Ors. vs. Delhi Transport Corporation & Anr, reported in AIR 2009 SC 3104. Therefore, learned advocate for the appellant would contend that, even monthly income of Rs.1,000/- is to be considered and 11% of the disability and also, by applying multiplier of 18, if calculated, the future loss of income of Rs.23,760/- [Rs.110 x 12 x 18] may be awarded by the Tribunal for future loss of income. Hence, the compensation is to be assessed to the extent of Rs.23,760/-.
Thus, the learned advocate for the appellant/claimant has submitted the proposed calculation of amount of compensation as under:
Particulars Tribunal Awarded Amount claimed in First Appeal Income (Prospective) 1000 1000 Disability (11%) 110p.m.
(11%) Yearly Income x Multiplier (15) [Rs.110 x 12 x 15] 19800
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Yearly Income X Multiplier (18) [Rs.110 x 12 x 18] 23760 Total Amount:
19800 23760 Proposed enhancement Amount 3960 In view of above, it is submitted that the appeal deserves to be allowed for enhancement of compensation to the aforesaid extent.
7. Learned advocate appearing for the Insurance Company would contend that the award passed by the Tribunal is just and proper and all the relevant facts are considered by the Tribunal and considering the monthly income of Rs.1,000/- and permanent disability to the extent of 11%, the Tribunal has arrived at conclusion based on the material on record, which does not require any interference by this Court. It is, therefore, submitted that the appeal, in absence of merits, deserves to be rejected.
8. Having heard learned advocates for the parties and considering the overall facts and circumstances of the case, material on record, submissions made by the learned advocates for the parties and the decision of the Apex Court in the case of Smt.Sarla Varma (supra), the appellant is entitled to get the benefit of multiplier 18, as the claimant was minor at the time of accident and was working in the Diamond Factory as Supervisor earning Rs.1,000/- per month, as recorded by the Tribunal. Considering the monthly income of Rs.1000/-, 11% disability and multiplier 18, the future loss of income would come to Rs.23,760/- [Rs.110 x 12 x 18].
9. Considering the facts and circumstances of the present case and law laid down by the Apex Court, the amount of compensation towards future loss of income awarded by the Tribunal to the extent of Rs.19,800/- deserves to be modified and enhanced to Rs. 23,760/-.
Accordingly, the appellant is entitled to get additional amount of Rs.3,960/-, from the date of passing of Judgment and Award by the Tribunal, with interest @6% per annum till its realisation. The respondent-insurance company shall pay the above amount to the appellant forthwith.
10. Accordingly, the appeal is allowed. The judgment and award dated 7.4.1999 passed by Motor Accident Claims Tribunal (Auxiliary), Ahmedabad, in M.A.C. Petition No.404 of 1990(3) is modified to the aforesaid extent. No costs.
(ANANT S.DAVE, J.) pvv Page 5 of 5