1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Auxi), Ahmedabad City in Motor Accident Claims Petition No.1488 of 1996, whereby the Tribunal has awarded Rs.1,23,400/- to original claimant with interest at the rate of 9% p.a. from the date of the application till its realization.
2. The facts of the case is that on 20.08.1995, the original applicant was going on a bicycle and at that time, AMTS bus No.GRS-8763 came by driving his bus rashly and negligently in high speed and dashed with the applicant's bicycle. As a result, the applicant fell down and sustained serious injuries. Therefore, the applicant filed claim petition being Motor Accident Claims Petition No.1488 of 1996 before the Motor Accident Claims Tribunal, Ahmedabad City for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in calculating prospective income at Rs.2,100/-. He has further contended that the Tribunal has erred in awarding Rs.15,000/- for loss of expectation of life. He has further contended that the multiplier adopted by the Tribunal is on higher side.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. So far as the issue of negligence is concerned, the Tribunal after considering the oral evidence of original applicant at Exh.28 and FIR at Exh.36 rightly held that the accident took place because of the rashness and negligence on the part of the driver of the bus.
8. From the record, it appears that the Tribunal has assessed the monthly income of the deceased at Rs.1400/- since, he was earning his livelihood by working as a waiter, at the relevant time. Considering the said fact, the said assessment made by the Tribunal is just and appropriate. It is true that the claimants had not produced any documentary evidence on record to prove the income of the deceased. The Tribunal was also justified in assessing the prospective income at Rs.2,100/-. The Tribunal, after considering evidence on record rightly assessed 14% disability for body as a whole. Hence, monthly loss for future income is rightly assessed at Rs.294/- and accordingly, annual future loss of income at Rs.3528/-. The Tribunal ought to have adopted the multiplier of 16, instead of 17, considering the principle laid down in case of Sarla Dixit and another Vs. Balwant Yadav and another reported in 1996(3) SCC 179. Hence, total amount for future loss of income comes to Rs.56,448/-. The Tribunal has awarded Rs.60,000/- under the said head, therefore, balance amount of Rs.3,552/- is required to be paid back to the appellant-Corporation.
9. The Tribunal was justified in awarding amount under other heads, therefore, no interference is required in the same.
10. In the premises, the balance amount of Rs.3,552/- will be paid back along with the interest, cost, if any to the appellant-Corporation. The appeal is allowed to the aforesaid extent. No order as to costs.
..mitesh..
[K.S.JHAVERI, J.]