1. This appeal has been preferred against the judgment and award dated 21.07.1999 passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No.362/1991 whereby, the claim petition was partly allowed and the original claimant was awarded total compensation of Rs.96,100/- along with interest at the rate of 15% per annum from the date of application till its realization.
2. The aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 03.02.1991 at around 2140 hrs. near Fatehpura area of Ahmedabad City involving a Scooter bearing registration No. GUR 8862 driven and owned by respondent no.1 and insured with respondent no.2-Insurance Company. As against the total claim of Rs.2.00 Lacs, the Tribunal partly allowed the claim petition by awarding Rs.96,100/- only and hence, the present appeal for enhancement of compensation.
3. Heard learned counsel for the respective parties. None appears on behalf of respondent no.1. The main grounds under which the appellant has prayed for enhancement of compensation is that the Tribunal has erred in deciding the issue of negligence and also in awarding the multiplier of 8, which is on the lower side. Reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121.
4. While deciding the aspect of negligence, the Tribunal concluded that the claimant had not taken necessary care and caution at the time of crossing the road. Further, the Scooterist could have also averted the accident if he had been driving the vehicle at a moderate speed. Considering the facts of the case and the evidence on record, I agree with the conclusion arrived at by the Tribunal while apportioning the ratio of negligence between the claimant and the Scooterist at 30 :
70.
5. However, so far as the aspect of quantum of compensation is concerned, it appears that the multiplier adopted by the Tribunal is on the lower side since it is contrary to the decision of the Apex Court rendered in Sarla Verma's case (supra) wherein, the multiplier of 14 has been provided for claimants of the age group of 41 - 45. By adopting the multiplier of 14, the total income under the head of future loss would come to Rs.33,600/-. The Tribunal has awarded Rs.19,400/- under the said head and hence, the claimant is entitled to get additional amount of Rs.14,400/- but, after deducting 30% amount towards negligence, the claimant shall be entitled to get Rs.10,080/- as additional compensation. So far as compensation awarded under other heads are concerned, the same are just and appropriate and hence, are not disturbed.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for additional compensation of Rs.10,080/- [Rupees Ten thousand eighty only] along with interest at the rate of 7.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top