This first appeal is preferred by the appellant had claimed Rs.2,00,000/- for compensation on account of the injury received by him in an accident which occurred on 25/06/1990 at about 9:00 p.m. at Vapi Selvas Road. The negligence as a cause of accident is attributed to the driver of auto- rickshaw bearing Registration No.GCK 6160 by the Tribunal. The Tribunal after considering the evidence on record awarded a sum of Rs.27,700/- as compensation with 9% interest from the date of filing of petition till the realization with proportionate costs. 2. The Tribunal took into consideration the heads of pain, shock and suffering, cost of attendance, transport charges, special diet charges, actual loss of income, etc., and hence this appeal.
3. Learned Advocate Mr.Hakim appearing for the appellant submitted that the claim in appeal is limited to non-grant of compensation under head of future loss of income.
4. The appeal is opposed to by learned Advocate Mr.Shalin Mehta.
5. Having gone through the evidence shown to us by learned Advocate for the appellant it appears that the claimant had suffered 16% permanent partial disability on the limb which was certified to be 8% permanent partial disability in respect of body as a whole. His income was assessed at Rs.2300/- per month considering the evidence brought on record. As such, there is no dispute so far as income part is concerned. It is clear from the judgment that the Tribunal has not awarded any compensation under the head of future loss of income.
6. The claimant was aged 30 years at the time of accident and therefore the Tribunal ought to have considered his future loss of income in terms of disability suffered by him. The Tribunal has assessed income of the claimant – appellant to be Rs.2,300/- per month and if 8% of that amount is taken, it would be Rs.184/- and if it is applied by multiplier of 12 only, future loss of income would be Rs.2,208/-. Considering the age of the claimant to be 30 years, at the time of accident, the multiplier of 16 can safely be adopted, that would bring the amount of compensation to Rs.35,328/- as compensation under the head of future loss of income, which would be in addition to the compensation awarded by the Tribunal.
7. The appeal would thus stand partly allowed. The claimant is held to be entitled to additional compensation of Rs.35,238/- under the head of future loss of income alongwith costs and interest accrued thereon @ 9% per annum from the date of petition till the realization. Award accordingly. No order as to costs.
(A L DAVE, J.) sompura