PATEL RAJUBHAI JOITARAM Vs. CHAUDHARI JESANGBHAI AVCHALBHA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 21.09.1994 passed by the Motor Accident Claims Tribunal [Main] Mehsana, in M.A.C.P. No. 283/1096, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.49,488/ along with interest @ 12% per annum from the date of the application till its realization.

(2.) , The facts in brief are that on 03.10.1985, while the appellant was travelling in a Jeep bearing no. GRW 9581, at a particular place, the driver of the Ambassador Car, on account of rash and negligent driving dashed with the Jeep, as a result of which, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.

(3.) HAVING gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has not 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.1350/ per month. Disability of 20% of the said amount comes to Rs.270/. Multiplier of 18 would be 17 applied 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 (270 x 12 x 18) Rs.58,320/. But, the Tribunal has awarded only Rs.25,920/ under the said head. Therefore, the claimant shall be entitled for an additional amount of Rs.32,400/ together with interest at the rate of 7.5% per annum instead of 12% as awarded by the Tribunal.