By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimant has challenged the judgment and order dated 16th September 2010 passed by the learned Motor Accident Claims Tribunal (Aux.), Sabarkantha at Modasa in MAC Petition No.2074 of 2000 whereby the Tribunal has awarded Rs.46,000 to the claimants as against their claim of Rs.3,00,000. 2 The short facts of the present appeal are that on the date of the incident i.e. on 1.11.2000 the appellant was going towards her house on Himatnagar Modasa Road in the evening at about 6 PM. At that time one vehicle bearing No.RJ 03 C 1155 from from Himatnagar side and dashed with the appellant as a result of which the appellant received serious injuries. She was admitted at Modasa Sarvajanik Hospital for treatment. She therefore filed claim petition claiming the compensation of Rs.3,00,000.
3 The Medical Certificate at Exhibit 34 issued by the Doctor shows that the appellant sustained permanent disability of 15% and the same was decided to be fixed at 11% with the consent of both the advocates. The learned Judge of the Tribunal considered the income of the appellant as Rs.1250 per month and considering 11% whole body disability of the appellant decided Rs.137.50 per month and Rs.1650 per year as future economic loss. He then adopted multiplier of 16 and awarded Rs.26,400/- under the head of future economic loss. Over and above, he has awarded the following amounts:
Thus, the Tribunal has awarded in all Rs.46,400 to the claimant along with interest at the rate of 6%. The claimant, therefore, filed the present appeal for enhancement.
4 Heard learned counsel for the appellant and perused the record.
5. Mr Mansuri, learned counsel for the appellant has submitted that the Tribunal has committed an error in not considering the income of the appellant at Rs.3000 per month as the minimum wages. He further contended that the Tribunal has awarded meager amounts on other heads also.
6. The tribunal has rightly assessed the income of the deceased at Rs.1,250/- and in view of the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the claimant is not entitled to be granted any amount under the head of future rise of income. No case is made out for interference. The appeal is devoid of any merits and hence dismissed summarily.
(K.S.Jhaveri, J.) *mohd