1. This appeal has been preferred against the judgment and award dated 10.08.2001 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in M.A.C.P. No.582/1993 insofar as the appellant, original claimant, was awarded total compensation of Rs.23,255.65 along with interest at the rate of 9% per annum from the date of application till its realization as against the total claim of Rs.50,000/-.
2. The facts in brief are that on 10.02.1993 at about 1830 hrs. while the appellant was travelling as a passenger in the ST bus bearing registration No. GRU 8873 driven by respondent no.1 and belonging to respondent no.2-Corporation, it turned turtle and fell into a pit on account of the rash and negligent driving of respondent no.1. In the said accident, the appellant sustained severe bodily injuries. He filed the claim petition before the Tribunal claiming compensation of Rs.50,000/-. However, the same came to be partly allowed by way of the impugned award.
3. Being aggrieved by and dissatisfied with the compensation awarded, the appellant has preferred the present appeal.
4. Heard learned counsel for the parties. Though served, none appears on behalf of respondent no.1. The main contention raised on behalf of the appellant is that the Tribunal has not awarded any amount under the head of loss of future income. It appears from the record that no documentary evidence was produced by the appellant before the Tribunal to prove his income. Therefore, the Tribunal assessed the notional income of the appellant at Rs.15,000/- annually and thereby assessed the monthly income at Rs.1,250/-, which, in my opinion, is just, legal and appropriate. The submission made on behalf of the appellant is required to be accepted since no amount has been awarded under the head of loss of future income. Now, if we assess the monthly income of the appellant at Rs.1,250/- and permanent disability at 05% for the body as a whole, the monthly loss would come to Rs.62.50 and to Rs.750/- annually. Considering the age of the appellant at the relevant point of time, the appropriate multiplier would be 15. Hence, the appellant shall be entitled for total compensation of Rs.11,250/- [750 X 15] under the head of loss of future income.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional compensation of Rs.11,250/-, over and above the compensation already awarded by the Tribunal, along with interest at the rate of 7.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K. S. JHAVERI, J.] Pravin/*