1.0 This appeal is directed against the judgment and award dated 10.03.1998 passed by the learned Motor Accident Claims Tribunal (Auxi 2) Nadiad, in Motor Accident Claim Petition No. 525 of 1989 wherein the Tribunal has awarded a sum of Rs.70341/ along with interest at the rate of 12% per annum. However, the Tribunal ordered to pay only 50% of the said amount. 2.0 The short facts of the case are that on 30.01.1988 the appellant original claimant was traveling in Maruti car towards Bharuch. When he reached village Hariyala, Tempo bearing No.G.R.X 3071 came and dashed with the Maruti car as a result of which he sustained serious injuries and he had to take prolonged treatment. Therefore he filed the aforesaid claim petition wherein the impugned award came to be passed. This appeal is at the instance of the claimant for enhancement of the claim.
3.0 Learned Advocate for the appellant has argued on various points of quantum and disability. As a result of hearing and perusal of the record only one point is required to be considered inasmuch as as regards disability is concerned, no doctor was examined and the income taken by the Tribunal is as per the evidence on record. As per the panchnama both the vehicles were in the middle of the road and therefore even the finding negligence does not require any interference.
4.0 However, as regards the future income is concerned, the same is required to be considered. I am of the view that as per the 10% disability the future loss per month should be Rs.150/ which would come to Rs.1800/ per year. Applying a multiplier of 14 the same would come to Rs.25200/. The Tribunal has awarded only a sum of Rs.19,200/. Therefore additional amount is Rs.6000/. Half of the said amount is Rs.3000/ because of 50% negligence. Therefore the claimant will be entitled to additional amount of Rs.3000/ along with interest at the rate of 7.5% from the date of application. The award is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*