1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – insurance company has challenged the judgment and order dated 28th September 2000 passed by the learned Motor Accident Claims Tribunal (Aux), Court No.8, Ahmedabad in MAC Petition No.42 of 1993 whereby the Tribunal has partly allowed the claim petition.
2 It is the case of the claimant that on the date of the accident viz. on 30th November 1992 at about 6.30 PM while he was going on his motorcycle from Saraspur to Ratanpole for his business work and when he reached near Saraspur Intwada, at that time, his motorcycle was hit by a truck bearing registration No.GQA 5257 which came from the opposite direction in a rash and negligent manner. In the said accident the claimant received serious injuries and therefore he filed claim petition claiming compensation.
3. The Doctor assessed the permanent partial disability of the injured claimant at 23%. The Tribunal has considered the income of the injured at Rs.7,000 per month arrived at Rs.1610 towards future economic loss. Considering the age of the claimant at 44 years, the Tribunal has adopted the multiplier of 13 and thereby awarded Rs.2,51,000. The Tribunal has also awarded Rs.84,000 on the head of actual loss of income, Rs.20,000 towards pain, schok and suffering and Rs.67,000 towards medical expenses. Thus, in all, the Tribunal has awarded Rs.4,22,000 to the claimant along with interest at the rate of 12% per annum against which the present appeal is filed by the insurance company.
4. Heard learned counsel for the appellant and perused the record. Though served, none appeared for the claimants.
6. Learned counsel for the insurance company has, inter-alia, submitted that the Tribunal has committed an error in considering the income of the injured and at the most the income of the injured ought to have been taken at 3,000/- looking to the income tax return.
7. Learned counsel for the respondent has supported the judgment of the Tribunal and submitted that no interference is called for.
8. Considering the income tax return filed by the claimant, the income should not have been considered more than Rs.4420, which is rounded off to Rs.4500 per month. Taking into consideration the future economic prospects, it would come to Rs.5850 per month. As the injured sustained the disability of 23%, the monthly economic loss would come to Rs.1345.50 per month and Rs.16,146 per annum. Looking to the age of the injured, the multiplier of 14 is required to be adopted. Thus, the amount payable under the head of future economic loss would come to Rs.2,26,044/-. The claimant is also entitled to Rs.67,000 towards medical expenses, Rs.20,000 under the head of pain, shock and suffering, Rs.54,000 under the head of actual loss of income. Thus, the Tribunal is entitled to Rs.3,67,044. As against that, the Tribunal has awarded Rs.4,22,000. Thus, there is an excess amount of Rs.54,956/-, which is required to be refunded to the insurance company along with interest.
9. In view of the aforesaid discussion, the judgment and order of the Tribunal is modified to the aforesaid extent. The appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd