1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant - insurance company has challenged the judgment and order dated 24th September 2003 passed by the learned Motor Accident Claims Tribunal (Aux.III), Ahmedabad (Rural) at Navrangpura in MAC Petition No.93 of 1991 whereby the Tribunal has awarded Rs.79160/- to the claimants along with interest at the rate of 9% per cent from the date of application till realisation.
2 The short facts of the present appeal as per the claimant are that on the date of the accident i.e. on 17th July 1990 the original claimant along with his son was going on his Bullet motorcycle bearing No.GAN 1666 and when they approached near Madhavnagar, one Ambassador car bearing No.GUD 666 while trying to overtake a truck had collided with the Bullet motorcycle due to which the applicant and his son were thrown on the road and sustained grievous injuries. Therefore, the claimant has filed the present claim petition before the Tribunal.
3 The Tribunal considering the income of the injured at Rs.2500 per month and treating the disability at 8.5% arrived at Rs.212 per month as future economic loss and Rs.2544 as annual future economic loss. Looking to the age of the injured of 35 years, he adopted the multiplier of 16 and awarded Rs.38,160/- towards future economic loss. He awarded Rs.7500/- as future economic loss and Rs.15,000 towards pain, shock and suffering. He has also awarded Rs.5,000 under the head of medical expenses. The Tribunal has also awarded Rs.3000/- towards conveyance charges, Rs.2000 as attendance charges and Rs.1500 as special diet. Thus, the Tribunal has awarded in all Rs.79160/- against which the present appeal is filed.
4 Learned counsel for the appellant has mainly contended that the Tribunal has wrongly assessed the income of the injured at Rs.2,500 without there being any evidence whatsoever on record. He submitted that the Tribunal ought not to have assessed more than Rs.1500 as the income of the injured. He has also submitted that the amount awarded under the head of actual loss of income of Rs.7500 is on higher side and it should be Rs.4500 only.
5 Learned counsel for the claimant has supported the judgment and order of the Tribunal and prayed that no interference is called for.
6. The Tribunal has committed an error in assessing the income at Rs.2500 per month. It should not be more than Rs.1800. To this an amount of Rs.450 should be added towards his future prospects of income. Thus, his monthly income would be Rs.2250. As the injured has suffered permanent partial disability of 8.5%, the future economic loss would be Rs.191.25 per month and Rs.2295 per year. Looking to his age, the proper multiplier would be 16. Therefore, the amount under the head of future economic loss would come to Rs.36720 whereas the Tribunal has awarded Rs.38160. Further, the claimant is entitled to Rs.4200 under the head of actual loss of income as against Rs.7500 awarded by the Tribunal. Thus, there is an excess amount of Rs.4400 (Rs.1450 + Rs.3000), which is required to be refunded to the insurance company. No interference is warranted under other heads. Order accordingly.
7 In the result, the appeal is partly allowed with no order as to costs.
(K.S.Jhaveri, J.) *mohd