1.0 This appeal is directed against the judgment and award dated 21.07.2004 passed by the Motor Accident Claims Tribunal Auxi.), F.T. C. No.5, Jamnagar in Motor Accident Claim Petition No. 86 of 1999 whereby the Tribunal has awarded a sum of Rs.55262.80/ with interest at the rate of 9% per annum from the date of application till realization.
2.0 On 09.01.1999, the claimant was riding as pillion rider from Sikkhat to Jamnagar on Hero Pukh bearing registration No. GJ10H 2226. When it reached near Samparpan Hospita at Jamnagat By pass road at that time one S.T. Bus came from opposite direction in excessive speed and collided with the said Hero Pukch. As a result of this, the claimant sustained grievous injuries. He took prolonged treatment. He therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. Hence the present appeal has been filed at the instance of the claimant for enhancement.
3.0 Learned Advocate for the appellant submitted that the Tribunal erred in applying multiplier of 15 which is on lower side; that multiplier of 18 ought to have been applied as per 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.
4.0 Learned advocate for the respondent supported judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocate for the respective parties and perused the document on record.
6.0 As far as income and disability are concerned, the same are not disputed. The Tribunal in absence of any documentary evidence assessed the monthly income on notional basis as Rs. 1500/. The Tribunal observed the fact at Exh. 69 the disablement certificate of claimant issued by Dr. Anil Solanki which mentioned the claimant having a permanent partial physical impairment of 25% but due to this injury he has got functional disablement of 25% but which can be considered as 12.5% the body as whole. By considering the income of Rs. 1500/ per month and disability at 12.5%, the monthly loss would come to Rs.187.5/ and annual loss would come to Rs. 2250/. The multiplier of 15 applied by the learned Tribunal is on lower side. The claimant was 25 years at the time of accident. Therefore, multiplier of 18 years will be applied. By applying multiplier of 18 as per the principles laid down in the case of Sarla Verma ( supra), the future loss of income would come to Rs. 40500/ ( Rs. 2250X18). The learned Tribunal has awarded Rs.33750/ towards future loss of income. Therefore, the claimant is entitled to Rs. 6750/ as an additional amount.
7.0 As far as the amount awarded towards other heads are concerned, the same are just and proper.
8.0 In the result, the appeal is partly allowed. The claimant is entitled to a further sum of Rs. 6750/ ( Rs. 40500/ Rs. 33750/) towards future loss of income 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 claim petition till realization. The award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*