1. In connection with the vehicular accident that occurred on or around 20.03.1989 involving the vehicle (Matador) bearing registration No. GRX 4135 and in which the appellant, original claimant, sustained severe bodily injuries, M.A.C.P. No.1077/1989 came to be filed before the Motor Accident Claims Tribunal (Main), Mahesana. The said claim petition came to be partly allowed by impugned judgment and award dated 03.04.1999 whereby, the appellant, original claimant, was awarded total compensation of Rs.1,50,900/- along with interest at the rate of 15% per annum from the date of application till its realization.
2. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal for enhancement.
3. It has been mainly contended by learned counsel for the appellant that the amount awarded under the head of future loss of income is on the lower side considering the evidence on record. It has been submitted that the Tribunal has not considered income derived from all the crops while assessing the income. Hence, the income under the head of future loss deserves to be enhanced. Under no other heads, the appellant has sought enhancement of compensation.
4. On behalf of respondent no.3, it has been submitted that the compensation awarded is just and appropriate. It has been contended that the rate of interest awarded by the Tribunal is on the higher side and the same deserves to be reduced.
5. Heard learned counsel for the parties. None appears on behalf of respondents no.1 & 2. It appears from the record that the Tribunal has assessed the annual income of the appellant at Rs.15,000/-. In my opinion, the said assessment made by the Tribunal is reasonable and appropriate in view of the fact that the documents on record at Exhibits-69 & 70 establish that income received from the crops shown therein are not proved and that it was subsequently exhibited. The crops and description of land do not match and therefore, it would be difficult to reverse the findings arrived at by the Tribunal. Hence, I concur with the assessment regarding annual income made by the Tribunal.
6. By adopting the annual income of the appellant at Rs.15,000/-, the annual loss of income on account of disability would come to Rs.6870/-. However, the multiplier of 15 adopted by the Tribunal is on the lower side. Considering the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121, the appropriate multiplier would be 18 since the appellant was aged 24 years at the time of accident. By adopting the multiplier of 18, the total income under the head of future loss would come to Rs.1,23,660/-. The Tribunal has awarded Rs.1,03,050/- under the said head and hence, the appellant shall be entitled for additional amount of Rs.20,610/- under the head of future loss of income.
7. In view of the above discussion, the impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional compensation of Rs.20,610/- along with interest at the rate of 7.5% per annum from the date of application till its realization. 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/*