RAJUBHAI MADHUKAR POTDAR Vs. BHASKER D PATEL

JUDGEMENT

(1.) MR. Amit Patel, learned counsel states that he has instructions to appear on behalf of respondent no. 1.

(2.) THIS appeal has been preferred against the judgment and award dated 12.02.1996 passed by the Motor Accident Claims Tribunal No. 1, Ahmedabad in M.A.C.P. No. 54 of 1991, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.57,000/- along with interest @ 12% per annum from the date of the application till its realization.

(3.) IT appears that the Tribunal assessed the monthly income of the appellant at Rs3,200/- on the basis of the averment made in the claim petition. However, while calculating the prospective income, the Tribunal did not adopt the formula laid down by the Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122. By adopting the principle laid down in the above decision, the monthly income of the appellant would come to Rs.4,800/-. So far as the disability is concerned, the Medical Certificate assessed the permanent functional loss at 29.5%. In my opinion, the permanent disability could not have been assessed at 14.75% for the body as a whole when the Medical Certificate assessed the permanent functional loss at 29.5%. Accordingly, the monthly loss of income would come to Rs.708/-. Considering the age of the appellant at the relevant time, the appropriate multiplier would be 16. Therefore, the appellant shall be entitled for additional amount of Rs.1,35,936/- as income under the head of future loss. However, the claim is restricted to Rs.50,000/- the appellant shall be entitled for additional amount of Rs.50,000/- only under the head of future loss of income. So far as income assessed under the other heads are concerned, the same are not interfered with and are, accordingly, confirmed.