[1] This appeal is directed against the judgment and award dated 21st July 2001 passed by the Motor Accident Claims Tribunal (Auxi.), Vadodara in Motor Accident Claim Petition No.475/1985 whereby the Tribunal has awarded a sum of Rs.49,190/- along with proportionate cost and interest @ 9% p.a. From the date of application till realization.
[2] According to the claimant, on 14.10.1984, the accident took place. The said accident occurred on account of rash and negligent act on the part of the driver of the Jeep bearing No.GRJ 7199 which was coming from Rajpipla to Vadodara in which the claimant had sustained injury on hands, leg, on head and various parts of the body. He, therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of compensation.
[3] The learned advocate for the appellant submitted that the accident took place in the year 1984. She submitted that the Tribunal has committed an error in awarding Rs.15,000/- towards pain, shock and suffering, Rs.500/- towards transportation and lump sum amount of Rs.5,000/- towards special diet, transportation, attendant charges etc. She further submitted that the Tribunal has committed an error in considering the disability of 12% body as a whole, which in fact should be taken 25% as the claimant has incurred 50% partial disability. She submitted that the Tribunal ought to have considered multiplier of 16 instead of 5 as the claimant was aged about 30 years at the time of accident.
[4] Learned advocate for the respondents submitted that no medical policy was produced on record and, therefore, the award of the tribunal is just and proper and appeal may be dismissed.
[5] Heard learned advocates for the respective parties and perused the relevant records.
[6] Looking to the overall facts and circumstances of the case, I am of the view that in view of the principles laid down in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, considering the income at Rs.1170/- per month of the claimant at the time of accident, the prospective income can be taken as Rs.1755 (Rs.1170 x 1.5). Considering the disability of entire body @ 50% as per certificate, it would be considered as 25% as half of the total disablement and by applying 25% to the income of Rs.1755/- it would come to Rs.438.75 as monthly loss of income. The yearly loss of income would come Rs.5265/- (Rs.438.75 x 12). Further looking to the age of the claimant, I am of the view that a multiplier of 17 would be just and proper. Thus, the total amount would come to Rs.89,505/-. The claimant is entitled to Rs.8775/- as per income of Rs.1755/- for actual loss of income for five months. Therefore, the total would come to Rs.1,18,280/-. The Tribunal has awarded a sum of Rs.49,190/-. Therefore, the appellant is entitled to get an additional amount of Rs.69,190/- along with the interest @ 7.5% from the date of application. The judgment and award is modified to the aforesaid extent. The appeal is partly allowed with no order as to costs.
[ K. S. JHAVERI, J. ] vijay