KHUMANSING JITUBHA JADEJA Vs. GOVIND KARA MEGHWAD

JUDGEMENT

(1.) PRESENT appeal arises out of the judgment and award dated 26.07.1995, passed by the Motor Accident Claims Tribunal, Bhuj-Kutch in Motor Accident Claims Petition No.143 of 1988. The respondent was the claimant before the Tribunal, who initially claimed compensation of Rs.25,000.00, which he raised to Rs.1,00,000.00 and then to Rs.3,00,000.00. The accident occurred on 09.11.1987 on Anjar-Mundra road, while the claimant was proceeding, he was knocked down by Jeep No.GUX-719, driven by appellant No.1, owned by appellant No.2 and insured by appellant No.3. The Tribunal has awarded Rs.2,28,520.00 as compensation under the heads of future loss of income, actual loss of income, pain, shock and suffering, medicines and special diets.

(2.) THE case of the respondent before the Tribunal was that he was earning Rs.450.00 per month, around the time, when accident occurred, whereas, he deposed before the Tribunal that similarly situated person could be able to earn Rs.50.00 to Rs.100.00 per day and the Tribunal assessed his income at Rs.1,800.00 per month while calculating the future loss of income. The Tribunal also took into consideration the permanent partial disability at 34% body as a whole, but, the Tribunal has considered the disability at 40% and assessed the future loss of income by adopting multiplier of 18, considering the age of the claimant as 45 years at the time of accident. The Tribunal awarded Rs.2,28,520.00 as compensation with proportionate costs and interest at the rate of 15% p.a. Hence, this appeal.

(3.) LEARNED advocate Mr.Shah has opposed this appeal. According to him, the multiplier of 18, adopted by the Tribunal is just, legal and proper. So far as the future income is concerned, the Tribunal has considered the oral evidence that the similarly situated person can earn Rs.50.00 to Rs.100.00 per day and therefore, the Tribunal considered monthly income at Rs.1,800.00. Learned advocate Mr.Shah submitted that the Tribunal has awarded Rs.20,000.00 under the head of medical expenses and special diet, considering the injuries suffered by the claimant. This amount is just and proper. So far as the amount of pain, shock and suffering is concerned, the claimant was engaged in physical work, he sustained injuries on leg and therefore, the compensation of Rs.50,000.00 under this head is just and proper. Learned advocate Mr.Shah submitted that therefore, the appeal may be dismissed.