1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act of 1988) arises out of award dated 30th November, 2000 passed in Claim Petition No.883 of 1985 by MACT (Auxiliary), Vadodara.
2. The short facts for which the claim petition, award impugned and this appeal are as under:
2.1. On 4.10.1984 in the morning, the applicant along with his friend was traveling on his motorcycle bearing registration No. G.T.U. 2286 from Vadodara towards Dessar with moderate speed and when they reached towards Dessar Cross Road, at that time, jeep car bearing registration No. GUD 2618 driven with excessive speed lost control over the car and dashed on right side of motorcycle from behind. As a result the applicant fell down and sustained injuries of Tibia Fibula fracture, scratch on right leg, injury on back side of right shoulder and various injuries on several parts of the body.
2.2. Upon receiving treatment for such injuries which continued for about six months including admission of the injured applicant for about one month as indoor patient and was operated for inserting rod, removal of it as per medical certificate, it was difficult for the applicant to sit with cross leg in a squatting position and to move flawlessly and the disability was assessed at 22% lower limb and was finally assessed to 11% as a whole body and was agreed accordingly. In para 14 of the award impugned the Tribunal considered monthly income of the claimant injured on the basis of salary drawn by him by a private firm Precision Bearings India Limited as Rs. 1060/- and further Rs. 600/- towards part time earing on the basis of certificate issued by the contractor Engineer but at the same time while considering the head of actual loss in no uncertain terms salary of the applicant was believed as Rs. 2700/- and finally the amount of compensation was awarded as under:
Rs.
0,08,100/- Actual loss Rs.
0,57,024/- Future loss Rs.
0,00,400/- Attendance Rs.0,00,800/- Conveyance charges Rs.0,00,450/- Special diet.
Rs.0,15,000/- Mental P & S Rs.0,22,000/- Medicine, treatment including physiotherapy ======= Rs.1,03,774/- Total ======= 2.3. The above award of compensation is under challenge on the ground that the Tribunal erred in considering the actual monthly earning of the applicant when assessed, future loss though for actual loss it was determined and assessed as Rs.2700/- p.m. and ought ot have applied multiplier of 17 instead of 16 as the injured was aged 30 years as per the decision of the Apex Court in the case of Sarla Verma (Smt) & Ors. vs. Delhi Transport Corporation & Anr. [2009 (6) SCC 121]. It is also submitted that the applicant has to undergo mental pain, shock and suffering and, therefore, the amount awarded of Rs.15,000/- is also on a lower side and deserves to be enhanced.
3. As against, learned Asst. Government Pleader appearing for respondent No.2 would submit that compensation awarded by the Tribunal is just and after an elaborate reasoning based on material on record total compensation of Rs.1,03,774/- is just and proper and further part time monthly income of the applicant of Rs.600/- was based on a certificate issued by a private contractor-cum-engineer and was not required to be considered by the Tribunal. In view of the above, it is submitted that no interference is called for by this Court in this appeal which deserves to be dismissed.
4. Considering overall facts and circumstances, on perusal of the record of the case and arguments of learned advocates for the parties, I am of the view that the applicant no doubt was serving in a private Company, for which, salary certificate was produced but the Tribunal believed monthly income of the applicant from Precision Bearings India Limited by deducting various allowances of permanent nature available to the applicant and restricted to Rs.1070/- only and considered Rs.600/- towards part time income but while awarding the actual loss of income the Claim Tribunal believed Rs.2700/- p.m. as a salary on the basis of formula and guidelines to calculate future economic loss i.e. as per the decision of this Court in 1998 (2) GLH 670. Therefore, I am of the view that the future loss of income ought to have been determined on the basis of the above salary so believed and fixed by the Tribunal. The necessary enhancement under the above head if calculated is as under:
Rs.2700/-
p.m.
+ Rs/1350/-
p.m. (50% prospective future rise)
--------------------------------
Rs.4050/-
-------------------------------
Rs.4050/-
p.m. x 11/100 (body as whole disability) = Rs.446/- p.m. Rs.
446/- p.m. x 12 = Rs.5353/- (yearly loss of future income) Rs.
5353/- x 17 (Multiplier) = Rs.90984/- (Future Loss of income) Rs.
57,024/- (Amount awarded by the learned Tribunal for Future loss of income) Total enhancement = Rs.33,960/-
5. The applicant is entitled to receive the difference of Rs.33,960/- with 7% of interest from the date of claim petition till its deposit by respondent together, over and above the award of compensation passed by the Claim Tribunal. The award of Claim Tribunal stands modified accordingly.
6. The appeal is accordingly allowed with no order as to costs.
[ANANT S. DAVE, J.] //smita// Top