JAYANTILAL Vs. RAMUBHA AGARSANG CHUDASAMA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 08.02.1996 passed by the Motor Accident Claims Tribunal (Aux.-II), Ahmedabad (for short, ?the Tribunal?) in M.A.C.P. No.219/1988 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded compensation of Rs.46,660/- with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 21.08.1987 while the appellant was proceeding towards a temple on his bicycle, he was dashed by an ST bus driven by respondent no.1 and belonging to respondent no.2-Corporation. As a result of the said accident, the appellant sustained severe bodily injuries. He filed the claim petition before the Tribunal, which came to be partly allowed by way of the impugned award.

(3.) BY adopting the method laid down in the said decision, the monthly income of the appellant would come to Rs.1,350/- [i.e. (900 + 1800) = 2700 & 2700/2 = 1350] and the annual income at Rs.16,200/-. Before the Tribunal, the parties had consented to assess the disability of the appellant at 13% and hence, there does not remain any dispute regarding the same. BY considering the disability at 13%, the actual annual loss of income would come to Rs.2,106/-. The Tribunal adopted the multiplier of 15 for calculating the future loss of income, which, in my opinion, is just and appropriate since at the time of accident, the appellant was 20 years of age. Therefore, the actual future loss of income would come to Rs.31,590/- [2106 X 15]. However, the Tribunal has awarded only Rs.21,060/- under the said head. Hence, the appellant shall be entitled for additional amount of Rs.10,530/- towards future loss of income.