1. By way of this appeal, the appellant-original claimant has challenged the judgement and award dated 23.12.1999, passed by the Motor Accident Claims Tribunal(Auxi.ii), Kutch-Bhuj, in M.A.C.P. No.98 of 1993, whereby the tribunal has awarded compensation in the sum of Rs.2,32,250/- to the claimant with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The short facts of this case are that due to the accident involving Tempo bearing Registration No. GRZ-1384, the present appellant sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.98 of 1993 before the Tribunal. The learned Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellant has contended that the Tribunal has committed an error in awarding compensation to the claimant. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted the multiplier of 17 instead of 15.
4. He further contended that the compensation awarded under the head of pain, shock and suffering is on lower side. In support of his contention he relied upon the decision of the Apex Court, in the case of Govind Yadav Vs. New India Insurance Company, reported in 2011 (12) SCALE, 336 and prayed to allow this appeal.
5. Learned advocate for the respondent has opposed the contention of learned advocate for the appellant and submitted that the Tribunal after considering the evidence on record has passed the award. Therefore, he prayed to dismiss the present appeal.
6. I have heard learned Learned counsel for the parties and perused the materials on record. From the record, it is clear that at the time of accident, the appellant aged about 30 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 15 adopted by the tribunal is on lower side, it should be 17. The tribunal ought to have adopted the multiplier of 17 instead of 15. If the multiplier of 17 is adopted the net amount under the head of future loss of income comes to Rs. 2,04,000/- [Rs.12,000/- x 17], whereas the the tribunal has awarded Rs.1,80,200/- under the head of future loss of income.
7. In that view of the matter, the claimant is entitled to additional amount of Rs.24,400/- alongwith interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization. Rest of the award are just and proper therefore they are not disturbed
8. The decision relied upon by the learned advocate for the appellant will not applied to the facts of the present case.
9. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
(K.S.JHAVERI,J.) pawan Top