1. The appellant herein has challenged the award dated 17.04.1999 passed by the Motor Accident Claims Tribunal Amreli in Motor Accident Claims Petition No. 49/94 so far as the Tribunal awarded only Rs. 67600/-as compensation with interest and costs.
2. It is the case of the appellant that on 19.09.1993 while the appellant was travelling in a mini luxury bus being driven by the original opponent no. 1 in a rash and negligent manner, the same turned turtle as result of which the appellant sustained injuries. The appellant therefore filed claim petition for compensation. The Tribunal after hearing the parties passed the aforesaid award.
Learned advocate appearing for the appellants submitted that the Tribunal has wrongly assessed the income of the appellant. He submitted that multiplier adopted is on lower side. He has relied upon a decision of the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121.
4. This Court heard the contentions advanced by the appellant and perused the papers on record. The Tribunal has gone through the documentary evidence on record and come to the conclusion that the accident happened on account of the sole negligence of the opponent no. 1. No interference is called for regarding the same. In the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121 it is held as under:
"The multiplier to be used should be as mentioned in column (4) of the Table (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years."
5. As per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the claimants, the multiplier of 10 awarded in the present case is on lower side. The just and proper multiplier would be 14. The income assessed is just and proper. Therefore the future loss of income would come to Rs. 50,400/- (Rs.3600 x 14). The Tribunal has already awarded Rs. 36000/- under the said head and therefore an additional amount of Rs. 14,400/- is required to be awarded.
6. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 14,400/- 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.
(K.S.
JHAVERI, J.) Divya// Top