PRAKASHNARAYANRAV VINKAR Vs. SULEMAN GULAMRASUL LAGJIWALA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and award rendered by the learned Motor Accident Tribunal (Aux), Ahmedabad City Civil Court, on 22.12.2003, in Motor Accident Claim Petition No.597 of 2003, whereby the Tribunal awarded in all Rs.80,000/- by way of compensation to the appellant-claimant with running interest at the rate of 9% per-annum from the date of filing of said claim petition till the realization of the amount together with the proportionate costs and directed respondent nos. 1 and 2 herein who were original opponents in the claim petition to pay the amount. The appellant felt that the amount awarded by way of compensation is very inadequate and less, and therefore, preferred the instant appeal claiming enhancement of the amount of compensation at least to the extent of Rs.1,25,000/-.

(2.) AS per the case of the claimant, vehicular accident occurred on 12.12.1994, at about 11.30 p.m., and at that time, the appellant- original claimant was passing on his scooter in the area called Dandiya Bazar in the city of Baroda and according to him, at that time, one luxury bus bearing registration no.GQB-36 came with full speed rashly and negligently and dashed violently with his scooter and as a result, the claimant sustained serious bodily injuries. According to the claimant, the injuries resulted into permanent bodily disability. He had to incur expenses for his treatment, medicine, transportation etc. It was his case that at the time of accident, he was labourer by profession and he used to earn Rs.2700/- per month. Initially he filed the aforementioned claim to recover Rs.50,000/- but he enhanced his claim by way of amendment to the tune of Rs.1,25,000/-. The respondent no.2 resisted the claim petition of the claimant by filing written- statement at Exh.8 and interalia denied all the allegations made by the claimant in his claim petition. The Tribunal then recorded oral and documentary evidence adduced by the parties and ultimately, came to the conclusion that the accident occurred because of sole rash and negligent driving of the luxury bus by its driver. The Tribunal while calculating the amount of compensation considered the medical evidence on record as well as the disability certificate wherein the disability to the extent of 23% body as a whole was assessed by the Medical Officer, but it has been observed by the Tribunal that the learned advocates representing both the parties agreed to consider permanent disability at 10%. The Tribunal then came to the conclusion that considering the future prospective income of the claimant at Rs.3000/- and considering 10% bodily disability affecting his earning capacity, the monthly loss would come to Rs.300/- and annual loss would come to Rs.3600/-. The Tribunal applied multiplier of 15 years and came to the conclusion that the claimant was entitled to recover Rs.54,000/- towards future loss of income. The Tribunal awarded Rs.10,000/- towards pain, shock and suffering and Rs.10,800/- (2700 X 4) for loss of actual income for four months. The Tribunal also awarded Rs.5200/- for transportation and special diet. Thus, the Tribunal in all awarded Rs.80,000/- by way of compensation.

(3.) I have considered the record and proceedings in context with the submissions advanced on behalf of the both the sides.