1.0 This appeal is directed against the judgement and award dated 28.01.1994 passed by the learned Motor Accident Claims Tribunal (Aux.), Nadiad in Motor Accident Claim Petition No. 404 of 1985 wherein the Tribunal has awarded a sum of Rs. 1. 50. 660/ along with interest at the rate of 15% per annum from the date of application till its realization.
2.0 On 24.06.1984, Shankarbhai Becharbhai Thakore was driving the S.T. Bus No. 9286 at a moderate speed on the correct side of the road.
When the said bus reached near Gandhipura Board on KhedaDholka Highway, truck bearing registration No. 4797 came from the opposite side and dashed against the S.T. Bus. As a result thereof, Shankarbhai sustained severe injuries and ultimately succumbed to the said injuries on 18.07.1984. The legal heirs of the deceased therefore, preferred the aforesaid claim petition before the Tribunal wherein the Tribunal has passed the aforesaid award. This appeal is at the instance of the original claimants for enhancement of compensation.
3.0 Learned advocate appearing for the appellants contended that the age of the deceased was 30 years and therefore, the learned Tribunal erred in adopting the multiplier of 12 years which is on lower side.
4.0 Though served, none appears for the respondents.
5.0 Heard learned advocate for the appellant and perused the documents on record. As far as income is concerned, I am of the opinion that Rs. 900/ per month would be the income after considering the evidence in detail. The average gross future monthly income could be arrived at by addition the actual gross income at the time of death namely Rs. 2700/( Rs. 1800 + Rs. 900/) per month to the maximum which he would have otherwise got had he not died a premature death and dividing that figure by two. Thus the average gross monthly income spread over his entire future career had it been available, would work out to Rs. 1350/. There will be deduction of 1/4th for personal living and expenses. 1/4th of Rs. 1350/ would come to Rs.337/. Hence, the income is Rs. 1013/ per month and Rs. 12156/ per year. The age of the deceased at the time of accident was 30 years. The learned Tribunal has applied multiplier of 12 years which is on lower side. The Tribunal ought to have applied multiplier of 17 years in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. Therefore, by applying the multiplier of 17 the total loss of income would come to Rs.206652/( Rs. 12156/x17). The Tribunal has awarded Rs. 2,01,600/ towards the future loss of income. Hence, the claimants are entitled to an additional amount of Rs. 5052/(Rs. 206652/ Rs. 201600/) towards the loss of income.
6.0 However, the amount awarded towards other heads by the learned Tribunal is just and proper.
7.0 In the premises aforesaid it is held that the claimants will be entitled to an additional amount of Rs. 5052/(Rs.206652/ Rs.201600/) at the rate of 7.5% per annum from the date of making the claim petition i.e. from 17.11.1984. The rest of the award is not disturbed. The award is modified accordingly. The appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.JHAVERI, J.) niru*