1. This appeal has been preferred against the judgment and award dated 27.02.2003 passed by the Motor Accident Claims Tribunal [Aux-I], Kachchh at Bhuj in M.A.C.P. No. 62 of 1994, whereby the said claim petition was partly allowed and the original claimant was awarded total compensation of Rs.2,60,000/- along with proportionate costs and interest @ 9% from the date of the application till its realization. The appellant has prayed for enhancement of the amount of compensation by filing the present appeal.
2. The facts in brief are that on 31.07.1993 at around 0630 hrs. while the appellant was going towards Mundra in a Chhakda bearing No. GJ-12-T-5732, at a particular place, the driver of the S.T. bus, on account of rash and negligent driving, dashed and collided with the Chhakda. As a result of which, the appellant sustained severe bodily injuries. Thereafter, he as taken to the Hospital for necessary treatment. Later on, the appellant filed the claim petition before the Tribunal claiming compensation of Rs.5.00 Lacs. The Tribunal partly allowed the claim petition by way of the impugned award. Being dissatisfied with the amount of compensation awarded by the Tribunal, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The main ground under which the appellant has prayed for enhancement of the amount of compensation is that the Tribunal has not properly calculated the monthly income of the appellant while calculating the amount of compensation and that no amount is awarded under the head of actual loss of salary.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has not properly calculated income under the head of future loss while calculating the amount of compensation. By adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the income would come to Rs.3000/- per month and Rs.36,000/- a year. Disability of 50% of the said amount comes to Rs.18,000/--. Instead of 15, the multiplier would be 17 in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C.
121. Hence, the total income would come to (18,000 x 17) Rs.3,06,000/-. But, the Tribunal has awarded only Rs.2,25,000/- under the said head. So far as income under the head of actual loss of income and pain shock and suffering are concerned, the appellant shall Therefore, the claimant shall be entitled for an additional amount of Rs. 24,000/- and Rs.5,000 respectively. Hence, in all the claimant shall be entitled for additional compensation of Rs.1,10,000/- together with interest at the rate of 7.5% per annum.
5. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.1,10,000/- together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top