JANAK KANAIYALAL SHETH Vs. DINUBHAI MOHANLAL RATVA

JUDGEMENT

(1.) THE present appeal arises against the judgement award dated April 30, 2010 passed by the Tribunal in MACP No.27 of 1991, whereby the Tribunal has awarded a compensation of Rs.10,31,050/- with the interest at the rate of 9% p.a., up to 2000 and from January 2001, the interest is awarded at Rs.7.5% p.a.

(2.) THE short facts of the case appear to be that the appellant, when was going on 5.7.1990 in his Maruti Car bearing Registration No.GJ-17-8889 towards his factory at Halol, one Truck bearing Registration No.GQB-7071 dashed with the Maruti Car and the appellant sustained injury. THE claim petition was filed for the compensation of Rs.70,00,000/-. THE Tribunal after considering the matter ultimately has awarded compensation as observed earlier. Under these circumstances, the present appeal before this Court.

(3.) THE examination of the said contention shows that it is not the business loss to be considered for the purpose of awarding compensation, but the actual damages caused to the person is to be considered for the purpose of compensation. THE Company in the eye of law is a different entity than the claimant. Further, the disabilities assessed by the Tribunal is 12.5%. If the quantum is to be considered, so as to meet with the just compensation, the Tribunal in the discussion at paragraph 13 of the judgement and award has considered the income shown by the claimant in the Income Tax Return as well as the income shown by the Company to the extent of the share of the claimant at 52%. THEreafter, the Tribunal has arrived at yearly income at Rs.4,58,843/- and the monthly income at Rs.38,240/-. For the period of 40 days full compensation has been given plus on the aspect of disabilities, the Tribunal has assessed compensation at Rs.57,355/- per year and the multiplier of 15 has been applied and the compensation is assessed at Rs.8,60,330 plus the amount towards pain, shock and suffering, transportation, special diets etc.