Mohammad Rafiq, J. - (1.) THIS appeal has been preferred by the claimant appellant seeking enhancement of compensation of Rs. 1,25,000/ - that was awarded by the Motor Accident Claims Tribunal, Jaipur vide award dated 4/1/2002 for the injuries sustained by the appellant in a road accident, which took place on 2/11/1993 involving the vehicle insured with respondent No. 3. The New India Insurance Co. Ltd. Contention of the learned counsel for the appellant is that the learned Tribunal erred in law while accepting loss of income at Rs. 1450/ - only, whereas before accident, he was earning Rs. 2400/ - per month and at least Rs. 15,000/ - should have been awarded for loss of income for six months. Learned Tribunal also awarded a meager amount of compensation of Rs. 45,000/ - for three fractures and grievous injuries, which is very low in view of the fact that in the compromise arrived at in the Lok Adalat, Rs. 25,000/ - itself was allowed for each fracture therefore, he should be awarded Rs. 75,000/ - for three grievous injuries. Rs. 3550/ - has been awarded for the actual medical expenses though more than Rs. 10,000/ - was incurred on his operation. Awarding compensation of Rs. 70,000/ - considering permanent disability of 35.01% is also towards the lower side because his leg was shortened by 2" and he is unable to walk properly. Nothing has been awarded for future prospects. The appellant was 42 years of age at the time of accident, which though learned Tribunal accepted but did not apply the multiplier at the age of 42 years as per the judgment of Supreme Court in Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr., : (2009) 6 SCC 121.
(2.) LEARNED counsel for respondent No. 3 insurance company has opposed the appeal and argued that the award is just and reasonable because appellant has failed to produce the medical bills more than Rs. 10,000/ - as claimed by him therefore, the learned Tribunal did not commit any error in awarding Rs. 3550/ - towards the actual medical bills produced by the appellant on record. There was breach of policy as the driver of the offending vehicle did not have valid license, insurance company was not informed about the accident and in non -compliance of mandatory provisions of the Insurance Act, the insurance company is not liable to indemnify the owner to make payment of compensation to the claimant -appellant. Upon considering the rival submissions of the parties and perusing the impugned award, I find that the learned Tribunal erred in law while awarding nothing under the head of future prospects as per the judgment of Supreme Court in Santosh Devi vs. National Insurance Co. Ltd. & Ors., Civil Appeal No. 3723 of 2012 (arising out of SLP (C) No. 24489 of 2010) decided vide order dated 23/4/2012 in which it has been held by the Supreme Court that irrespective of fact whether the claimant is a government servant or not or even persons employed in unorganized sectors, should have been held entitled to receive future prospects to the extent of 30%. Learned Tribunal further erred in law while not assessing the monthly income of the appellant. Awarding of lump sum amount of compensation of Rs. 70,000/ - against 35.01% disability and loss of income is towards the lower side looking to the fact one leg of the appellant has been shortened by 2". Less amount of compensation has been awarded under the head of pain and suffering. Multiplier system has also not been adopted. Appellant was 42 years of age at the time of accident and as per the judgment of Supreme Court in Sarla Verma (supra), multiplier of 14 at the age of 42 years is held to be applied. In the result, the appeal is allowed in part. The award passed by the Motor Accident Claims Tribunal, Jaipur dated 4/1/2002 is being be modified in following terms: - - (a) Rs. 1500/ - per month accepted income. (b) 1500x35% =525. (c) 30% of Rs. 525/ - is Rs. 157/ - (d) 525 + 157 = Rs. 682. (e) 682 x 12 x 14 = 1,14,576. (f) Rs. 5,000/ - is additionally awarded for pain and suffering thereby enhancing Rs. 45,000/ - to Rs. 50,000/ - under this head. (g) Rs. 1450/ - awarded by the Tribunal for loss of income is maintained. (h) Rs. 5,000/ - awarded by the Tribunal for transportation and nutritious diet is maintained. (i) Rs. 3550/ - awarded by the Tribunal for actual medical expenses is maintained. (j) 1,14,576 + 50,000 + 1450 + 5000 + -3550 = 1,74,576/ -. (k) Original award of Rs. 1,25,000/ - is enhanced to Rs. 1,74,576/ -. (l) Appellant shall be entitled to interest on the enhanced amount of compensation of Rs. 49,576/ - @ 6% p.a. as per award of the Tribunal. ;