1. This appeal has been preferred against the judgment and award dated 12.01.1999 passed by the Motor Accident Claims Tribunal [Aux.], Sabarkantha at Himatnagar in M.A.C.P. No. 40/1993, whereby the said claim petition was partly allowed and the original claimant was awarded total compensation of Rs.1,45,520/- along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 07.09.1992, while the appellant was coming from her school, at that time, a Truck bearing no. GJ-9-T-5618, driven by respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3, on account of rash and negligent driving, dashed the appellant, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant preferred claim petition, which came to be partly allowed, by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.
3. The appellant has claimed for enhancement of the amount of compensation mainly on the grounds that the Tribunal has erred in assessing the notional income of the minor. Further it is submitted that amount awarded under the head of pain shock and suffering and medical expenses is on lower side.
4. The learned counsel appearing on behalf of respondent no.3-Insurance Company supported the impugned award and submitted that the amount awarded under the respective heads is just and appropriate.
5. Heard learned counsel for the respective parties and perused the documents on record. Considering the facts of the case, and since the accident is of the year 1992, it would be appropriate to assess the notional annual income of the minor at Rs.12,000/-. Before the Tribunal, the parties had consented to assess the disability of the appellant at 33% and hence, there does not remain any dispute regarding the same. By considering the disability at 33%, the actual annual loss of income would come to Rs.3960/-, which is rounded off to Rs.4,000/-. The Tribunal adopted the multiplier of 15 for calculating the future loss of income, which, in my opinion, is contrary to the decision of the Hon'ble Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121. The appropriate multiplier would be 18 considering the age of the appellant and hence, the total amount under the head of loss of future income would come to Rs.72,000/-. However, the Tribunal has awarded Rs.47,520/- under the said head. Hence, the claimant shall be entitled for additional amount of Rs.24,480/- under the head of loss of future income.
6. So far as income under the head of pain shock and suffering and medical expenses is concerned, the Tribunal has not considered the total hospitalization period of 109 days and documents produced at Exhibit-33. Therefore, taking into consideration the hospitalization period of 109 days and the medical expenses as per document at Exhibit-33, the appellant shall be entitled for additional amount of Rs.20,000/- under the head of pain shock and suffering and Rs.19,372/- under the head of medical expenses. Thus, in all, the appellant is entitled to receive additional compensation of Rs. 63,852/-.
7. In the result, 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.63,852/- along with interest at the rate of 7.5% per annum from the date of application till its realization, over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The rest of the impugned award stands confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top