NATIONAL INSURANCE COMPANY Vs. RASIKBHAI POPATLAL DARJI

JUDGEMENT

(1.) This Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 arises from the judgment and order dated 29th November 2008 passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) and Fast Track Court, in Motor Accident Claim Petition No.236 of 1994.

(2.) In an incident of road accident on 11th October 1993, the respondent No.1 received injuries. The respondent No.1 lodged above referred Motor Accident Claim Petition No.236 of 1994 in the Motor Accident Claims Tribunal, Ahmedabad (Rural) for compensation in the sum of Rs.3,00,000/-. The said claim was, latter at the time of the judgment, enhanced to Rs.20,00,000/-. The learned Tribunal has by impugned judgment and order awarded compensation of Rs.11,44,000/- and interest at the rate of 9%. While calculating the just compensation, the learned Tribunal took into considering the 38 years' age of the claimant and the annual income of Rs.30,000/- to Rs.35,000/-. However, while computing the total compensation, the learned Tribunal considered Rs.30,000/- monthly income of the respondent. On that basis, the future loss of income was calculated at Rs.11,88,000/- and the actual loss of income at Rs.1,80,000/-.

(3.) This error was brought to the notice of the Tribunal by the appellant insurance company by filing review application Ex.51. The Tribunal by its order dated 16th April 2009 did accept