1. The appellant herein has challenged the award dated 28.09.2001 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 382 of 1987 so far as the Tribunal awarded only Rs. 25,000/- as compensation with interest and costs.
2. The original claimant had filed claim petition seeking compensation to the tune of Rs. 2 lakhs for the injuries sustained by him in the vehicular accident which occurred on 04.09.1985 opposite Rubi Pan Center at National Highway No. 8 while the appellant was riding his scooter. At that time, a Fiat Car bearing registration no. MAS 4242 came from behind and hit the scooter causing serious injuries to him. The Tribunal after hearing the parties passed the aforesaid award.
Mr.
Sandip C. Shah, learned advocate appearing for the appellant submitted that the Tribunal erred in not granting adequate compensation to the appellant. He submitted that the Tribunal erred in not believing the disability at 15% even though the same was certified by the doctor. Mr. Shah further submitted that the Tribunal has erred in not awarding future economic loss when the disability is duly proved on record.
4. Having heard learned advocates for both the sides and having perused the papers on record, more particularly the award passed by the Tribunal this court is of the view that the Tribunal has rightly considered the original opponent no. 1 negligent for the accident in question. However, from the records it is clear that Dr. Desai assessed permanent partial functional disability at 75% of the body as a whole. Vide pursis Ex. 120 it appears that the parties have agreed to take the disability at 15% for computing the future loss of income and in view of this pursis Ex. 121, the disability certificate was admitted in evidence.
5. The Tribunal has committed an error in not calculating the future loss of income of appellant in view of the disability admitted by the parties. In the present case the the income of the appellant can be assessed on the basis of the income tax return of the appellant in the year 85-86 which is placed on record which is Rs. 15000/- per annum. Therefore considering disability of 15%, the loss per annum comes to Rs. 2250/-.
5.1 I am of the view that, looking to the age of the appellant, the multiplier of 15 in the present case is just and proper. Therefore the future loss of income would come to Rs.33,750/- (Rs.2250 x 15). As regards the rest of the awards under various heads are just and proper and no interference is required.
6. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 33,750/- for future loss of income alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.
JHAVERI, J.) Divya// Top