GOPALKUMAR SURYAKANT JOSHI Vs. NANSING KANABHAI RATHWA

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record.

(2.) THE appellant herein has challenged the award dated 08.10.1992 passed by the Motor Accident Claims Tribunal (Aux.), Baroda in Motor Accident Claims Petition No. 641 of 1986 in so far as the Tribunal awarded only Rs. 1,46,100/- as compensation with interest at 15% per annum.

(3.) MR. G.C. Majmudar, learned advocate appearing for the respondent insurance company strongly supported the award passed by the Tribunal. He submitted that considering the year of accident which is 1985, the income tax limit for the relevant year was Rs. 15000/- per annum and therefore the income of Rs. 12000/- assessed by the Tribunal for an unemployed person is justified. He contended that considering the evidence on record as regards hospitalization and medical expenses, the Tribunal has awarded appropriate amount under the head of pain, shock and suffering, transportation and attendant charges. 5.1 MR. Majmudar has further submitted that the Tribunal in fact has awarded higher amount under the head of future loss of income as the multiplier ought to have been assessed as 18 instead of 20. He submitted that even the rate of interest awarded by the Tribunal is excessive. MR. Majmudar submitted that considering the income from the interest awarded, the appellant can in fact meet his limb expenses and the interest income on the amount of limb expenses awarded by the Tribunal shall only be more than the expenses incurred by him. The interest on Rs. 30000/- shall fetch Rs. 2400/- per annum and Rs. 7200/- for three years.