PRAVINBHAI VASHRAMBHAI RABARI Vs. SURESHBHAI SHANKARBHAI BHATIYA

JUDGEMENT

(1.) The present appeal is filed by the appellant - original claimant against the judgment and award dtd. 9/1/2019 passed by the Motor Accident Claims Tribunal (Aux.), District Vadodara in M.A.C.P. No.493 of 2016, wherein and whereby, the Tribunal has awarded the total amount of Rs.3,51,544.00 towards the compensation with 9% interest.

(2.) At the outset, learned advocate Mr.Bhalodi, appearing for the appellant-claimant has submitted that the claimant would be restricting the claim in the present appeal towards the award of compensation by adopting the multiplier of 18 instead of 5, which has been awarded by the Tribunal. It is submitted that the appellant would not claim any future loss of income, looking to the disability of the body as a whole with 18%. In support of his submissions, learned advocate Mr.Bhalodi, has placed reliance on the judgment of the Apex Court in the case of Erudhaya Priya Vs. State Express Transport Corporation Ltd., 2020 ACJ 2159.

(3.) The claimant, at the time of accident, which had occurred on 23/10/2015, was serving as an Engineer at Munjal Auto Company and earning an amount of Rs.20,980.00 per month towards his salary. Accordingly, the documentary evidence at Exh.31 in the form of salary slip was produced. The Tribunal, after relying upon oral as well as documentary evidence, has determined the amount of Rs.20,980.00 per month. The evidence also reveals that at the time of accident, the claimant was 24 years and 10 months. The Tribunal, after considering the injury of the claimant as a whole body of 18% permanent disability, adopted the multiplier of 5 and has determined the compensation.