[1] By way of this appeal, the appellant - Insurance Company has challenged the impugned judgment and award dated 09.03.2005 passed by learned Motor Accident Claims Tribunal (Aux.), Ahmedabad City in Motor Accident Claim Petition No.532/2009 whereby the learned Tribunal allowed the petition in part and awarded compensation in sum of Rs.4,61,999/- along with interest at the rate of 12% from the date of filing of the petition upto 31.12.1999 and thereafter, at the rate of 9% upto 31.12.2000 and thereafter, at the rate of 6% till realization.
[2] The brief facts of the present appeal are that on 23.04.1999, the accident took place wherein the claimant had sustained serious injuries and hence, he filed claim petition for compensation of Rs.5 Lakhs before the Tribunal.
[3] Learned advocate for the appellant submitted that the learned Tribunal has erred in giving compensation under the head of future loss of income. It is submitted that as per evidence of claimant, after accident his job is continued without any effect and he got more amount thereafter, so there is no loss of income. He submitted that the Tribunal has erred in applying multiplier of 15 while awarding huge compensation. It is submitted that the claimant is doing job in Nationalized Bank and after accident, his job is not affected and as per the decision of this Hon'ble Court reported in 1993 (2) GLR 1043, the Tribunal ought to have applied multiplier of 5 instead of 15. He submitted that the Tribunal ought to have given actual loss of income as claimant was on sick leave and that leave is not encashed by him as admitted in his cross-examination. He submitted that the Tribunal has erred in awarding higher rate of interest over compensation. He, therefore, urged that the appeal is required to be allowed and the judgment and award of the learned Tribunal is required to be quashed and set aside.
[4] Heard the learned advocates for the respective parties and perused the relevant records.
[5] Having heard learned advocates for respective parties and having perused the evidence on record and considering the facts and circumstances of the case, it appears that the compensation awarded by the Tribunal is just and proper and rate of interest is also proper. In that view of the matter, I am of the considered opinion that the Tribunal was completely justified in awarding the compensation in favour of the claimant. I find that the findings recorded by the Tribunal are absolutely just and proper and no any error has been committed by the Tribunal.
[7] I am, therefore, in complete agreement with the findings, ultimate conclusion recorded by the Tribunal and hence, I find no reasons to interfere with the same and the appeal is devoid of merits. Hence the appeal is dismissed. If the amount is deposited before this Court, the same shall be transmitted to the Tribunal.
[ K. S. JHAVERI, J. ] vijay Top