JARIA SUMAR SANDHI Vs. RASIKLAL NAROTTAM DAVE

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 16.09.1998 passed by the Motor Accident Claims Tribunal (Main), Jamnagar in Motor Accident Claims Petition No. 471 of 1993 so far as the Tribunal awarded only Rs. 83,250/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 17.04.1993 while the appellant had parked his truck on the road side and while he was cleaning the glass of the truck, another truck bearing registration No. GJ-3T-1379 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the stationary truck as a result of which the appellant was thrown off the truck and he sustained serious injuries. The appellant therefore filed claim petition for compensation to the tune of Rs. 3 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) THUS considering the formula laid down in the case of Smt. Sarla Dixit (supra) the income of the appellant is to be calculated. In the present case the Tribunal has assessed the income of the appellant at Rs. 1000/-. The Tribunal ought to have assessed the income at Rs. 1500/- per month. The said income should be doubled and actual gross income should be added. By doubling, the amount would come to Rs.3000/- and by adding current income of Rs. 1500/- it would come to Rs. 4500/-. Average monthly income can be derived by dividing the same by 2. Therefore the average income would come to Rs. 2250/-. 5.1 In the present case the disability is 30% and therefore the loss of income per month shall come to Rs. 675/- and Rs. 8100/- per annum. 5.2 As per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the claimant, the multiplier of 15 awarded in the present case is on lower side. The just and proper multiplier would be 18. Therefore the future loss of income would come to Rs.1,45,800 (Rs. 8100 x 18). The Tribunal has already awarded Rs. 81000/- under the said head and therefore Rs. 64,800/- is required to be paid in addition.