1.0 This appeal is directed against the judgement and award dated 19.04.2005 passed by the Motor Accident Claims Tribunal (Auxi.),8th fast Track Court, Panchmahal at Godhra in Motor Accident Claim Petition No. 891 of 1996 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs.129600/- along with proportionate costs and interest at the rate of 9% per annum from the date of claim petition till realization.
2.0 On 14.02.1996 the appellant was passing near Sant Road Dargah on Godhra-Dahod Road on his motorcycle No. GJ-17-E-102. At about 4.00 p.m. one truck no. GJ-17-T-9681 came from opposite direction in a rash and negligent manner and with excessive speed. The truck lost the control and it came on the extreme wrong side and dashed with motorcycle. As a result of this, the claimant sustained injuries. The claimant therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award. This appeal is at the instance of claimant for enhancement of compensation.
3.0 Learned advocate appearing for the appellant contended that income assessed by the learned Tribunal is on lower side; that Rs.18000/- towards the actual loss of income awarded by the learned Tribunal is on lower side in spite of the fact that the claimant in claim petition clearly stated that he could not be able to do any business till one and half year and there he lost the income of one and half year and therefore Rs.90000/- ought to have been awarded towards actual loss of income; that amount of Rs. 18000/- towards pain, shock and suffering is on lower side and an amount of Rs. 50000/- ought to have been awarded towards pain, shock and suffering.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the respective parties and perused the documents on record.
6.0 As far as income is concerned, the learned Tribunal by considering the evidence on record and entire facts and circumstance of the case has rightly assessed the income of Rs. 3000/- per month. As far as disability is concerned, there is application at Exh. 25 given by claimant giving consent to consider the disability at 9% on the body as a whole. Therefore, by assessing the income of Rs. 3000/- per month and disability for the body as a whole to the tune of 9%, the monthly loss of income would come to Rs. 270/- and annual loss would come to Rs.3240/-. Looking to the age of the claimant as 40 years, the multiplier of 15 years applied by the learned Tribunal is just and proper. By applying multiplier of 15 years in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, the future loss of income would come to Rs. 48600/- ( Rs. 3240/- x 15) which cannot be said to be unreasonable.
7.0 The claimant in claim petition clearly stated that he could not be able to do any business till one and half year and thereby he lost the income of one and half year. In that view of the matter, the amount of Rs. 18000/- awarded towards actual loss of six months is on lower side. It would be just and proper to award Rs. 54000/- towards actual loss for 18 months. Therefore, the claimant is entitled to an additional amount of Rs. 36000/- (Rs. 54000/- - Rs. 18000/-). Further, the claimant was admitted and treated in Civil Hospital, Godhra as indoor patient from 14.02.1996 to 19.02.1996. Operation was done and plaster was applied which remained for 3 and half months. After that period this plaster was opened but the injuries were not cured and bone was not unite. So he was shifted to Ahmedabad and was admitted to the private hospital of Dr. Prabodh Desai wherein he was operated and POP was applied. In that view of the matter, the amount of Rs. 18000/- awarded towards pain, shock and suffering is on lower side. Interest of justice would be met by awarding compensation in the sum of Rs. 30000/-. Therefore, the claimant is entitled to an amount of Rs. 12000/- ( Rs. 30000/- - Rs. 18000/-) towards pain, shock and suffering.
8.0 The amount awarded towards other heads are just and proper and no interference is warranted.
9.0 In the result, the appeal is partly allowed. The claimant is entitled to total compensation in the sum of Rs. 177600/- ( Rs. 48600/- towards future loss of income + Rs. 35000/- towards medical treatment + Rs. 54000/- towards actual loss of income + Rs. 30000/- towards pain, shock and suffering + Rs. 5000/- towards transportation + Rs. 5000/- towards attendance charges, special diet). However, the learned Tribunal awarded Rs. 129600/-. Therefore, the claimant is entitled a further sum of Rs. 48000/- ( Rs. 177600/- - Rs. 129600/-) in addition to the amount already awarded to him by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.JHAVERI, J.) niru* Top