1.0 This appeal is directed against the judgement and award dated 13.04.2005 passed by the Motor Accident Claims Tribunal (Auxi.), Ahmedabad City in Motor Accident Claim Petition No. 818 of 1998 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 254500/ along with interest at the rate of 9% per annum from the date of claim petition till realization.
2.0 On 04.08.1988 at about 3.00 a.m. the claimant along with her uncle and aunt was traveling in the bus bearing registration No. RJ18 PQ130 as passenger from Village Badra. At about 3.00 a.m. when the bus reached near Ambapur Narmada Canal Bridge after passing Adalaj, the bus turned turtle because of rash and negligent driving of the driver of the bus. The claimant sustained injuries. She therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal has committed error in quantifying the award at Rs.254500/; that the learned Tribunal erred in considering the disability to the extent of 50% for body as a whole; and that the disability should have been considered to the extent of 25% for the body as a whole.
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 The only contention raised in this appeal is with regard to disability of 50% which has been considered by the learned Tribunal for the body as a whole. As per disability certificate which is produced on record at Exh. 48, Dr. Hitesh H. Mehta, MS. ( Ortho) certified the permanent partial disability of the claimantr at 50% of the right upper limb. However, in the crossexamination of the doctor it is admitted that there is 50% disability of the right upper limb. In view of the above circumstances, I am of the opinion that 50% disability of the right upper limb cannot be said to be disability for the body as a whole. Therefore, I am of the opinion that 25 % disability should have been considered for the body as a whole. As far as income and multiplier are concerned, the same are not disputed. By assessing the income of Rs. 1500/ and 25% disability the monthly loss would come to Rs. 375/ and annual loss would come to Rs. 4500/. Considering the age of the claimant as 8 years multiplier of 18 applied by the learned Tribunal is just and Proper. By applying multiplier of 18, the future loss of income would come to Rs.81000/ ( Rs.4500/ x 18). The Tribunal has awarded Rs .162000/ for future loss of income which in my opinion is on higher side. Therefore, there is an excess amount of Rs. 81000/.
7.0 Further, the amount awarded towards other heads are just and proper and same are not disturbed.
8.0 In view of the above, the appellantCorporation is liable to pay Rs.81000/ towards future loss of income. The Tribunal has awarded Rs.162000/. Therefore, an excess amount of Rs. 81000/ ( Rs. 162000/ Rs. 81000/) shall be refunded to the appellantCorporation with the proportionate interest and cost. The award is modified accordingly. Appeal is allowed to the aforesaid extent with no order as to costs. The amount, if any, lying with this Court shall be transmitted to the concerned Tribunal.
(K.S.JHAVERI, J.) niru*