1. By way of present Appeal, the appellant has challenged the judgment and award dated 20.4.2000 passed in Motor Accident Claim Petition No.543of 1994 by the Motor Accident Claims Tribunal, (Main) Junagadh, whereby the learned Tribunal awarded in all compensation of Rs.36,400/ along with proportionate costs and interest at the rate of 12% p.a. in favour of the original claimant from the date of petition till payment or realization from the opponents jointly and severally.
2. As per the case of the claimant before the learned Tribunal, on 9.5.1994 at about 3:30 Hrs., the accident took place on Junagadh Dolatpura Road, between the truck No.GTH8000 and Matador No.GJ 12T7539 and claimant was cleaner on the said Matador. Therefore, the claimant received serious injuries and he claimed Rs. 5 Lacs before the learned Tribunal. In the accident, two vehicles were involved.
3. Learned advocate for the appellant submitted that the award of the learned Tribunal is not just and proper and is against the evidence on record. He submitted that looking to the facts and circumstances, the learned Tribunal should have awarded Rs.92,700/ as total compensation, but the learned Tribunal awarded only Rs.36,400/. He also submitted that the disability of the injured claimant is 38% as per the disability certificate, but the learned Tribunal adopted only 10% body as a whole. Therefore, under the head of future loss of income, the learned Tribunal considered only Rs.16,200/ (900x12x15x10% disability). He also submitted that even the income of the claimant at Rs.900/ considered by the learned Tribunal is on very lower side and as per his submission, at least Rs.2500/ should have been considered by the Tribunal while considering the future economic of the claimant. He submitted that the judgment and award may be quashed and set aside by allowing the Appeal.
4. Heard the other side.
5. Perused the record of the case. The claimant injured was a cleaner on the vehicle Matador and when the accident was occurred, he was on duty. The accident took place on 9.5.1994 and his earning at that time is treated as Rs.900/ by the learned Tribunal. Due to accident, disablement caused to the claimant is 38% as per certificate. Learned Tribunal considered only 10% disability out of 38%. Therefore, the learned Tribunal committed error in applying 10% disability, though disability certificate was produced on record, reflecting 38% permanent partial disability. Therefore, due to such disability, the claimant has to suffer loss of income. Considering all the aspects of the case and case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121, at least 50% rise in income is required to be considered and, therefore, same would come to Rs.1350/. As per certificate, the permanent partial disability is reflected as 38% and 19% as whole body disability is required to be considered for the purpose of calculating the future loss of income. Hence, out of average income of Rs.1350/, the disability of 19% is considered and it would come Rs.256.50Ps. as his future loss of income per month and yearly loss of income would come to Rs. 3078/. Considering the age of the injured claimant as 30 years at the time of accident, 17 multiplier is required to be adopted. Therefore, the total future loss of income would come to Rs.52,326/. The learned Tribunal awarded only Rs.16,200/ towards the future loss of income and hence, out Rs.52,326/, Rs.16200/ is required to be deducted. The appellant – claimant is therefore, entitled to Rs.36,126/ towards additional compensation under the head of future loss of income.
6. In view of the above, now the claimant is entitled to the compensation in all Rs.72,526/ from the opponents. Rest of the judgment and award of the learned Tribunal shall remain unaltered. Record and Proceedings, if any, called for from the concerned trial Court, are ordered to be sent back forthwith.
ynvyas (K.S. JHAVERI, J.)