1. This appeal has been preferred against the judgment and award dated 11.02.1999 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj in M.A.C.P. No.20/1991 whereby, the claim petition was partly allowed and respondent no.1, original claimant, was awarded total compensation of Rs.1,13,320/- along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.
2. The aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 30.09.1990 involving a Scooter bearing registration No. GCP 5807 and an ST bus belonging to the appellant-Corporation bearing registration No. GJ-1-T- 9217.
3. The main contention raised on behalf of the appellant is that the Tribunal has erred in computing income under the head of future loss and also in awarding Rs.18,000/- under the head of medical expenses though necessary bills in that regard were not produced. It has also been submitted that the rate of interest awarded is also on the higher side.
4. Learned counsel for the respondent supported the impugned award and submitted that the compensation awarded is just and appropriate and hence, this Court may not disturb the same.
5. Heard learned counsel for the respective parties. Before the Tribunal, no documentary evidence was produced by the claimant to prove his income. Therefore, the Tribunal assessed the notional monthly income at Rs.1,000/-. However, it committed an error in assessing the prospective income at Rs.1,500/- though no documentary evidence in that regard was on record. In the circumstances, the Tribunal ought to have assessed the monthly income at Rs.1,000/- only instead of Rs.1,500/-. Thus, by adopting the notional monthly income at Rs.1,000/-, the monthly loss of income on account of 22% permanent disability for the body as a whole would come to Rs.220/- and annual loss at Rs.2,640/-. Considering the age of claimant at the time of accident, the appropriate multiplier is 18 and accordingly, the total income under the head of future loss would come to Rs.47,520/-. However, the Tribunal has awarded Rs.67,320/- under the said head and hence, the excess amount of Rs.19,800/- is required to be refunded.
6. So far as income awarded under the head of medical expenses is concerned, I find that the claimant had produced medical bills to the tune of Rs.11,000/- only but, the Tribunal awarded Rs.18,000/- under the said head though no bills in that regard had been produced. Hence, the claimant shall be entitled for Rs.11,000/- only under the head of medical expenses and not Rs.18,000/-. Therefore, the excess amount of Rs.7,000/- under the head of medical expenses is also required to be refunded. In all, an amount of Rs.26,800/- is required to be refunded.
7. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that out of the total compensation awarded by the Tribunal, an amount of Rs.26,800/- shall be reduced and the respondent- claimant shall be entitled for the balance amount along with interest at the rate of 12% per annum instead of 15% per annum calculated from the date of application till its realization with proportionate costs. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*