1. By way of this appeal, the present appellants have challenged the judgement and award dated 27.03.1998, passed by the Motor Accident Claims Tribunal(Auxi.), Rajkot, in M.A.C.P. No.575 of 1989, whereby the tribunal has awarded compensation in the sum of Rs.6,49,000/- to the claimant with interest at the rate of 12% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident, Uday J. Vasavad, appellant herein, sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.575 of 1989 before the Motor Accident Claims Tribunal, for compensation. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants.
3. Learned counsel for the appellant has contended that the tribunal has assessed the income of the claimant at Rs.7000/- without any documentary evidence. Therefore, he prayed to allow this appeal.
4. On the other hand, learned Counsel for the respondents have opposed the appeal and pointed out that the present appeal is restricted to Rs.2,49,600/-.
5. I have heard learned counsel appearing for the respective parties 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 claimant at Rs.7000/- without any basis. The Tribunal ought not to have have assessed more than Rs.4000/- as monthly income of the claimant. In that view of the matter, if Rs.4000/- is taken as the monthly income, coupled with the disability of 50%, the monthly loss of salary comes to Rs.2000/- and accordingly annually it comes to Rs.24,000/-. I find that the multiplier adopted by the Tribunal is on lower side, it should be 16, 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. If multiplier of 16 is adopted, the amount under the head of future loss of incomes comes to Rs.3,84,000/-. The rest of the awards are just and proper, therefore, they are not disturbed. Thus, in all, the claimants is entitled to Rs.6,13,000/-. The tribunal has attributed the negligence on the part of the claimant to the extent of 40%, therefore, 40% amount required to be deducted from total compensation.
6. In that view of the matter, the claimant is entitled for total compensation of Rs.3,67,800/-, whereas the Tribunal has awarded compensation of Rs.6,49,000/-. Therefore, the excess amount of Rs.2,81,200/- is required to be refunded to the appellant-Insurance Company. However, the appeal is restricted to Rs.2,49,000/-, therefore, the excess amount of Rs.2,49,000/- be refunded to the Insurance Company with interest and cost, if any, if the same is deposited by the appellant-Insurance Company with the tribunal. The amount, if any, lying with the Registry be transmitted to the Tribunal forthwith.
7. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan