LAWS(GJH)-2012-4-62

JORAJI LALAJI THARECHA Vs. ABUBAKAR DAUD MANKANOJIYA

Decided On April 17, 2012
JORAJI LALAJI THARECHA Appellant
V/S
ABUBAKAR DAUD MANKANOJIYA Respondents

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 26.12.2000 passed by the Motor Accident Claims Tribunal (Aux.), Banaskantha at Palanpur in Motor Accident Claims Petition No. 8 of 1992 so far as the Tribunal awarded Rs. 1,43,600/- as compensation with interest and costs.

(2.) THE original claimant had filed claim petition seeking compensation to the tune of Rs. 2 lakhs for the vehicular accident which occurred on 06.07.1990 when the claimant was travelling in a jeep bearing registration no. GJ-8-168. At that time a motor truck bearing registration no. GTF 9818 driven in a rash and negligent manner dashed with the jeep from behind as a result of which he sustained injuries. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) IN the present case the Tribunal has assessed the prospective income of the deceased at Rs. 700/- after considering monthly income of Rs. 500/-. The said income should be doubled and actual gross income should be added. By doubling, the amount would come to Rs. 1000/- and by adding current income of Rs. 500/- it would come to Rs. 1500/-. Average monthly income can be derived by dividing the same by 2. Therefore the prospective income would come to Rs. 750/-. Considering the disability as assessed by the Tribunal which is just and proper, the annual loss of income shall come to Rs. 9000/-. 5.1 However, I am of the view that, looking to the age of the claimant, the multiplier of 14 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. 1,62,000 (Rs.9000 x 18).