PRABHATBHAI SHANABHAI VAGHELA Vs. CHHOTUMAHMAD JAMALJI NAGAR

JUDGEMENT

(1.) BY way of this appeal, the present appellant-original claimant has challenged the judgement and award dated 20.04.1999, passed by the Motor Accident Claims Tribunal(Main), Kheda at Nadiad, in M.A.C.P. No.1197 of 1988, whereby the tribunal has awarded compensation in the sum of Rs.2,44,000/- to the claimant with interest at the rate of 12% per annum from the date of filing of application till realization.

(2.) THE brief facts leading to filing of this appeal are that in an vehicular accident the present appellant sustained grievous injuries, therefore, he filed claim petition being M.A.C.P. No. 1197 of 1988 before the Tribunal for compensation. THE Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimant.

(3.) THE multiplier of 15 adopted by the Tribunal is on lower side, it should be 18, in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121. If multiplier of 18 is adopted, the future loss of income comes to Rs.2,17,728/-, whereas the Tribunal has awarded Rs.1,21,500/-. THErefore, the claimant is entitled for additional amount of Rs.96,228/- under the head of future loss of income.