1. By way of this appeal, the present appellant-original claimant has challenged the judgement and award dated 20.04.1999, passed by the Motor Accident Claims Tribunal(Main), Kheda at Nadiad, in M.A.C.P. No.1197 of 1988, whereby the tribunal has awarded compensation in the sum of Rs.2,44,000/- to the claimant with interest at the rate of 12% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident the present appellant sustained grievous injuries, therefore, he filed claim petition being M.A.C.P. No. 1197 of 1988 before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimant.
3. Learned counsel for the appellant contended that the tribunal has committed an error in awarding compensation to the claimant. He further contended that the Tribunal has committed an error in assessing the future loss of income. He further contended that the amount awarded under the head of actual loss of salary is on lower side.
4. I have heard learned counsel appearing for the respective parties and perused the material on record. From the record it is clear that the tribunal has not calculated the income of the appellant as per the ratio laid down in the case of Sarla Dixit and Another Vs. Balwant Yadav and Another reported in (1996) 3 SCC 179. Even, if Rs.1200/- is taken as monthly income of the deceased, as per the ratio laid down in the aforesaid case, the monthly loss of income would come to Rs. 1800/-. Since, the claimant has sustained 56% disability for the body as a whole, he is entitled for 56% amount from his monthly economic loss of income. Therefore, the monthly economic loss of income comes to Rs.1008/- and accordingly annually it comes to Rs.12,096/-.
5. The multiplier of 15 adopted by the Tribunal is on lower side, it should be 18, in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121. If multiplier of 18 is adopted, the future loss of income comes to Rs.2,17,728/-, whereas the Tribunal has awarded Rs.1,21,500/-. Therefore, the claimant is entitled for additional amount of Rs.96,228/- under the head of future loss of income.
6. I also find that amount of Rs.7,500/- awarded under the head of actual loss of income is on lower side. I am of the view, if an additional amount of Rs.6900/- is awarded under the head of actual loss of income, the same would met ends of justice.
7. In that view of the matter, the claimant is entitled for compensation of Rs.1,03,128/- along with interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization.
8. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]