1. The appellant herein have challenged the award dated 30.07.2001 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 520 of 1999 so far as the Tribunal awarded only Rs. 67,550/- as compensation with interest at the rate 9% from the date of filing the claim petition till realisation.
2. It is the case of the appellant that he was going on a scooter and at that time the scooter was dashed with the motor car. As a result, the appellant sustained grievous injuries. The appellant therefore filed claim petition for compensation to the tune of Rs. 2.5 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Learned advocate appearing for the appellant submitted that the Tribunal erred in not calculating prospective income of the appellant. He further submitted that the Tribunal has grossly erred in adopting the multiplier of 10. Learned advocate for the respondent has supported the judgment and order passed by the Tribunal and submitted that no interference is called for.
4. The Tribunal, after relying upon the deposition of the appellant at Exh.23 and considering other evidence, rightly held the appellant 30% negligent for the accident. Therefore, the Tribunal was justified in holding the driver of the offending vehicle 70% liable for the accident.
5. The Tribunal has considered that the appellant had established his monthly income at Rs.5,000/-, but, the Tribunal has not considered the prospective income of the appellant. Therefore, the prospective income of the appellant can be assessed at Rs.7,500/-. The Tribunal was completely justified in assessing 10% disability body as a whole, relying upon the medical certificate. Hence, the monthly loss of income comes to Rs.750/- and accordingly, annual income comes to Rs.9,000/-. Considering the age of the appellant, the multiplier of 17 should be adopted. Hence, the total loss of income comes to Rs.1,53,000/-. The Tribunal has already awarded Rs.60,000/- under the said head, therefore, the appellant is entitled for additional amount of Rs.93,000/-. But, as earlier discussed, the appellant is held 30% liable for the accident, the appellant would be entitled for additional amount of Rs.65,100/- under the said head.
5. As regards the rest of the awards under various heads are just and proper and no interference is required. The appellant would be entitled for additional amount of Rs.65,100/-, but, as the appeal is restricted for Rs.50,000/-, the appellant is entitled for additional amount of Rs.50,000/-.
6. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 50,000/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
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(K.S. JHAVERI, J.)