1. By way of this appeal, the present appellant- original claimant has challenged the judgement and award dated 15.02.2005, passed by the Motor Accident Claims Tribunal, Fast Track Court No.4, Jamnagar, in M.A.C.P. No.586 of 2002, whereby the tribunal has awarded compensation in the sum of Rs.4,23,750/- to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 19.03.2002 while Rameshbhai Ravjibhai Goraniya was coming in his Maruti Car bearing registration no.GJ-10-G-9441 from Rajkot to Jamnagar, a Tractor bearing registration No.GJU-7306 was there on the middle of road on left side without any signal, the Maruti was going on road, at that time from the opposite side two big vehicles in full light came so applicant's eyes were focused and applicant's Maruti dashed with the Tractor which was on road in stop position. As a result of the said accident, Rameshbhai sustained injuries. Therefore, he filed claim petition being M.A.C.P. No.586 of 2002 before the Tribunal for compensation.
3. The tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant.
considered the evidence produced on record. He further submitted that in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, the tribunal has committed an error in awarding future income of the appellant. Therefore he submitted that the amount awarded by the tribunal may be enhanced by this Court.
5. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. So far as the issue of negligence is concerned, the Tribunal has relied upon FIR, Panchnama and oral evidences and rightly held original opponent no.1 50% liable for the accident and appellant 50% liable for the accident.
6. So far as the issue of quantum is concerned, the Tribunal was justified in assessing the yearly income of the appellant at Rs.1,24,750/- as per the documentary evidence in the form of Income Tax return in support of his claim. Moreover, the Tribunal was also justified in assessing 20% disability body as a whole relying upon medical certificate produced at Exh.18 before it. Hence, annual loss of income comes to Rs.24,950/-. The Tribunal has shown annual loss of income as Rs.24,750/-, which is a mathematical error. The Tribunal ought to have considered the principle laid down in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, and should have adopted multiplier of 15 as the appellant was aged about 36 years at the time of accident. Hence, the total loss of future income comes to Rs.3,74,250/- (1,24,750 X 20% = 24,950 X 15= Rs.3,74,250/-). The Tribunal has already awarded Rs.3,21,750/- under the said head. Therefore, an additional amount of Rs.52,500/- is required to be awarded. The Tribunal was completely justified in awarding compensation under the other heads.
7. In that view of the matter, the appellant is entitled to an additional amount of Rs.52,500/-, but, as the Tribunal has held original opponent No.1 50% liable for the accident, the appellant is entitled to Rs.26,250/- alongwith 7.5% interest. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. Present appeal is partly allowed.
mehul (K.S.JHAVERI,J.)