1.0 This appeal is directed against the judgment and award dated 20.09.1999 passed by the Motor Accident Claims Tribunal (AuxIV), Nadiad in Motor Accident Claim Petition No. 897 of 1987 whereby the Tribunal has awarded a sum of Rs. 33788/ with interest at the rate of 12% per annum from the date of application till realization.
2.0 On 13.05.1986, the claimant along with other persons was going from Vadodara to Cambay in Fiat Car No. GRQ 4896. When they reached near Garnala canal near Sundarana cross road on Dharkan, Borsad road, one S.T. Bus No. GRR 7146 came from opposite direction with excessive speed and in a rash and negligent manner dashed with each other. As a result of this, the claimant received injuries. He took prolonged treatment. He therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of claimant for the enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal committed error in considering the income as Rs. 3000/ per month as against the claim of Rs. 5000/; that even after taking the salary of the claimant at Rs. 3000/ per month, the learned Tribunal committed error in not considering the future economic loss to the claimant; that learned Tribunal has committed error in holding that the claimant has not suffered any loss of income in his service benefit he would be entitled to 25% of the loss of Rs. 548/, i.e. Rs. 135/ per month and Rs. 1628/ per annum. f
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the document on record.
6.0 As far as income is concerned, the claimant in his deposition stated that he was getting salary of Rs. 5000/. However, in absence of any cogent, reliable evidence with respect to the income and by considering the entire facts and circumstance of the case the learned Tribunal has rightly assessed the income of Rs. 3000/ per month. Further looking to the deposition of the claimant, disablement certificate and the purshis Exh. 52 there is no reason to disbelieve that the claimant has sustained permanent disablement for the body as a whole to the tune of 18%. By assessing the income of Rs. 3000/ per month and disability for the body as a whole to the tune of 18%, the monthly loss would come to Rs. 540/ and annual loss would come to Rs. 6480/. However, the learned Tribunal has committed error by holding that claimant would be entitled to 25% of the said amount. Such deduction is not permissible. Hence, I am of the view that monthly loss would come to Rs. 540/ and annual loss would come to Rs. 6480/. Looking to the age of the claimant as 49 years, the multiplier of 18 years applied by the learned Tribunal is on higher side and it should be 13. By applying multiplier of 13 years in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. the future loss of income would come to Rs. 84240/ ( Rs. 6480/ x 13). The Tribunal has awarded Rs. 16200/ which is on lower side.
7.0 The amount awarded towards other heads are just and proper and no interference is warranted.
8.0 In the result, the appeal is partly allowed. The claimant is entitled a further sum of Rs.68040/ ( Rs. 84240/ Rs. 16200/) in addition to the amount already awarded to him by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.JHAVERI, J.) niru*