1. This appeal is preferred against the judgment and award dated 12.07.2001 passed by the Motor Accident Claims Tribunal [Aux.] Gondal in M.A.C.P. No. 298/1993, whereby the claim petition was partly allowed and the original claimant was awarded total compensation of Rs.2,10,200/, along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 11.06.1993, while the appellant was travelling in a luxury bus bearing no. GJ14T47, at a particular place, on account of rash and negligent driving, the bus collided with the truck coming from the opposite direction. As a result of which, the appellant sustained severe bodily injuries. Later on, she filed claim petition, which came to be partly allowed, by way of the impugned award. The appellant has filed the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. The main ground under which the appellant had prayed for enhancement of the amount of compensation is that though the Tribunal has believed the monthly income at Rs.1700/ and the disability at 35% for the body as a whole, it has not proper considered the future loss of income while calculating the amount of compensation.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant that the Tribunal has not properly calculated income under the head of future loss while calculating the amount of compensation. The income of the appellant was Rs.1700/ per month and as per the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122, her monthly income would come to Rs.2210/. 35% disability of the said amount comes to Rs.773.50, which is rounded off to Rs.775/ and annually Rs.9300/. So far as the multiplier is concerned, multiplier of 13 adopted by the Tribunal is just and proper. Hence, the total future loss of income would come to (9300 x 13) Rs.1,20,900/. But, the Tribunal has awarded only Rs.1,05,000/ under the said head. Therefore, the claimant shall be entitled for an additional amount of Rs.15,900/ together with interest at the rate of 7.5% per annum.
5. In view of the above, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent the appellant original claimant shall be entitled for additional compensation of Rs.15,900/ along with interest @ 7.5% per annum from the date of the application till its realization.
6. The appeal stands disposed of accordingly with the aforesaid modification.
[K.S. JHAVERI, J.]
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