1. This appeal has been preferred against the judgment and award dated 19.01.1999 passed by the Motor Accident Claims Tribunal [Main] Rajkot in M.A.C.P. No. 1235 of 1996, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,10,000/ along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 22.09.1991, while the appellant was going on his bicycle, at a particular place, a bus bearing registration no. GJ18V341, on account of rash and negligent manner, dashed with the cycle, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant filed claim petition, which came to be partly allowed, by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side. Having gone through the impugned award, I find that the multiplier adopted by the Tribunal is on lower side in view of the principle laid down in the decision of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C. 121.
Considering the age of the appellant, the multiplier of 18 could be adopted and thus, the total income under the head of loss of future income would come to Rs.54,000/. However, the Tribunal has awarded Rs.45,000/ under the said head. Thus, the claimant shall be entitled for additional amount of Rs.9,000/ under the head of loss of future income.
4. So far as the income on other heads are concerned, they are just and appropriate and in consonance with the evidence on record and the law on the subject.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimant shall be entitled for additional compensation of Rs.9,000/ along with interest @ 7.5% as against awarded by the Tribunal. The rest of the impugned award stands unaltered and is confirmed. The appeal stands disposed of. No costs.
[K.S. JHAVERI, J.] /phalguni/