1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Jamnagar in Motor Accident Claims Petition No.130 of 1996, whereby the Tribunal has awarded Rs. 95,000/- to original claimant with running interest at the rate of 9% p.a. from the date of the application till its realization.
2. The facts of the case is that on 30.10.1995 at about 3:00 P.M., when she was going on a Luna, driver of Motorcar bearing Registration No.GJ-10-C-9128 drove it in rash and negligent manner and in full speed and knocked her down as a result of which, she fell down and her leg was broken as she sustained fracture injury, therefore, she has undergone severe mental pain and shock together with prolonged painful treatment. That she spent huge amount for medicine, treatment, rich diet, attendant and transport expenses and that at the time of accident, she was 23 years old studying in last year of B.A. Further, she was also writing accounts earning Rs.3,000/- P.M. and her injury resulted into permanent partial disability and therefore, she sustained actual and future loss of income, that due to disability, she will not find suitable match, that, therefore, she has claimed the aforesaid amount of compensation on all the aforesaid heads, together with cost and interest, from all the opponents, who are jointly and severally liable to pay the same to the appellant. As a result, the appellant fell down and sustained several injuries and permanent partial disability. Therefore, the appellant filed claim petition being Motor Accident Claims Petition No.130 of 1996 before the Motor Accident Claims Tribunal, Jamnagar for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award, as stated hereinabove, against which present appeal is preferred.
4. Heard learned counsel for the parties and perused the record.
5. The learned counsel for the appellant argued that though the multiplier of 12 adopted is on lower side. He has also contended that the Tribunal has committed an error in not considering the future economic prospects of the deceased in view of the decision of the Apex Court in the case of Smt. Sarla Verma And others Vs. Delhi Transport Corporation and another (2009) 6 SCC 121.
6. In view of the observations made by the Apex Court in Sarla Dixit Vs. Balwant Yadav (1996) 3 SCC 179, there should be an addition of 50% of actual salary to the actual salary income of the deceased towards the future prospects, where the deceased had a permanent job and was below 40 years. However, the addition should be 30% only if the age of the deceased was 40 to 50 years and there should be no addition, where the age of deceased is more than 50 years. In the present case, the injured was 23 years old. Therefore, the Tribunal ought to have granted 50% addition towards future prospects.
7. The learned counsel for the respondent has supported the judgment and award of the Tribunal and submitted that no interference is called for.
8. On the point of future loss of income, the contention raised by the appellant is required to be accepted. As per the decision of the Supreme Court in the case of Smt. Sarla Verma And others Vs. Delhi Transport Corporation and another (supra), there should be an addition of 50% of actual salary to the actual salary income of the injured, if the injured is aged below 40 years. At the time of the incident, the monthly income of the injured was Rs.1,000/- and therefore, the same would came to Rs.1,500/- per month and Rs.18,000/- per annum. As the claimant sustained 10% whole body disability, the future economic loss would come to Rs.1,800/- per annum. Looking to the age of 23 years of the appellant, she is entitled for multiplier of 18. Thus, the appellant would be entitled to Rs.32,400/- under the head of future economic loss. However, the appellant has been awarded of Rs.18,000/- under this head, and therefore, she is entitled for additional amount of Rs.14,400/- under this head.
9. In view of the aforesaid discussion, the judgment and award dated 20.01.2004 passed by the learned MAC Tribunal at Jamnagar in MAC Petition No.130 of 1996 vide which the Tribunal awarded Rs.18,000/- to the claimants under the head of future economic loss is modified to the extent that the claimant is entitled to Rs.32,400/- under this head. Thus, the claimant is entitled to get additional amount of Rs.14,400/- along with interest at the rate of 7½ % per annum from the date of the petition till the date of realization. Appeal is allowed to the aforesaid extent with no order as to costs.
[K.S.JHAVERI, J.]
koshti/