1. This appeal has been preferred against the judgment and award dated 04.07.1996 passed by the Motor Accident Claims Tribunal, Jamnagar in M.A.C.P. No.198/1990 whereby, the claim petition was partly allowed and respondent no.1, original claimant, was awarded total compensation of Rs.3.66 Lacs along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.
2. The facts in brief are that on 13.04.1990 while respondent no.1 herein and Nareshkumar Jentilal Majithia were going on Scooter bearing registration No. GJP 6445 driven by respondent no.1 herein, a Fiat Car bearing registration No. GJP 1881 driven by respondent no.2, owned by respondent no.3 and insured with the appellant-Insurance Company and coming from the opposite direction, dashed a street-light pole situated on the side of the road and thereafter, dashed the said Scooter. In the said accident, both respondent no.1 and said Nareshkumar sustained severe bodily injuries. Both filed separate claim petitions before the Tribunal. Respondent no.1 herein preferred M.A.C.P. No.198/1990, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties. The main contention raised on behalf of the appellant- Insurance Company is that the Tribunal ought not to have awarded income under the head of past economic loss for the period of 71 months when the evidence on record shows that the claimant was earning during the said period.
4. From the record, it appears that the Tribunal has awarded Rs.71,000/- under the head of past economic loss by computing the economic loss for the period from 13.04.1990, i.e. the date on which the accident occurred, to 14.03.1996, which is the date on which the deposition was recorded before the Tribunal. Thus, the Tribunal awarded past economic loss for a period of 71 months by calculating the monthly income at Rs.1,000/-. However, the said finding recorded by the Tribunal is erroneous in view of the fact that respondent no.1-claimant himself had stated in his evidence that medical treatment continued for about three years and that he was bed-ridden for about one year. When respondent no.1 himself admitted that he was bed- ridden for about one year, the Tribunal ought not to have awarded past economic loss for 71 months. Respondent no.1 shall be entitled for income under the head of past economic loss for the maximum period of one year, i.e. Rs.12,000/-.
5. So far as compensation awarded under the above heads are concerned, the same are just, legal and appropriate and also in consonance with the law on the subject. Hence, I do not find any reasons to disturb the compensation awarded under the other heads.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal in M.A.C.P. No.198/1990 is modified to the extent that respondent no.1, original claimant, shall be entitled for total compensation of Rs.3,07,000/- along with interest and costs, as awarded by the Tribunal. The excess amount of Rs.59,000/- shall be refunded to the appellant-Insurance Company. 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/*