1.0 This appeal is directed against the judgement and award dated 23.03.1994 passed by the Motor accident Claims Tribunal ( Auxil) at Baroda in M.A. C. Petition No. 53 of 1985 whereby the learned Tribunal has partly allowed claim petition filed by the claimant by awarding compensation in the sum of Rs. 55,200/ along with interest at the rate of 12% from the date of claim petition till realization.
2.0 The claimant who was working as motor mechanic was going to his home from Harni by riding motor cycle on 26.01.1984. At that time bus came in an excessive speed and in a rash and negligent manner dashed with the motor cycle causing serious injuries to the claimant. The claimant took prolonged treatment. He, therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for the enhancement of compensation.
3.0 Learned advocate for the appellant contended that the learned Tribunal has committed error in assessing the monthly income of Rs. 700/ per month; that the future prospective income is not considered; that the multiplier of 12 applied by the learned Tribunal is on lower side.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the respective parties and perused the documents on record.
6.0 As far as income is concerned, it is found that the claimant was working as motor mechanic and in his claim petition it is stated that his monthly income was Rs. 700/. Hence, in these facts and circumstances of the case, the learned Tribunal has rightly assessed the income of Rs.700/ per month. However, the prospective income is not considered by the learned Tribunal. Hence, the prospective income would come to Rs. 1050/. By considering the disability of 25%, the monthly loss would come to Rs. 262.5 and annual loss would come to Rs. 3150/. The claimant was aged 24 years at the time of accident. The multiplier of 12 applied by the learned Tribunal is on lower side. It should be 18 in view of the ratio laid down in the case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. By applying multiplier of 18, the future loss of income would come to Rs. 56700/. The Tribunal awarded Rs. 25200/ toward future loss of income which is on lower side. Therefore, claimant is entitled additional amount of Rs. 31500/.
7.0 The amount of Rs. 20,000/ towards pain, shock and suffering, Rs. 5000/ for actual loss, Rs. 3000/ for medical diet, attendant charges and transportation is just and proper.
8.0 Accordingly, it is held that the claimant is entitled to further sum of Rs. 31500/ ( Rs. 56700/ Rs. 25200/) for future loss of income in addition to the amount already awarded to him by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*