SURENDRAKUMAR KANTILAL LABANA Vs. BABUBHAI ISMAILBHAI VOHRA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of the Motor Vehicles Act, 1988, is preferred by the appellant - original claimant - the present appellant, being aggrieved and dissatisfied with the impugned judgment and award dtd. 4/1/2018 passed by the Motor Accident Claims Tribunal (Aux.), Dahod in Motor Accident Claim Petition No.783 of 2004, by which the Tribunal has awarded compensation of Rs.20,641.00 with 9% per annum interest to the claimant, holding opponent Nos. 1 and 2 liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate for the appellant has submitted that the Tribunal has committed an error in not properly calculating the amount of income, the compensation under the heads of pain, shock and suffering, special diet / transportation expenses and actual loss for one month. He has fairly submitted that the Tribunal has rightly considered the disability to the extent 15% while awarding compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like nature of accident, injuries and period of hospitalisation as well as the duration of recovery. He has submitted that the appellant was aged about only 18 years at the time of accident and was doing agricultural and labour work. He has submitted that at the relevant point of time, his monthly income was Rs.3000.00 as per the rates of minimum wages prevailing in the State and as per the Minimum Wages Act in view of the decision of this Court in the case of Geetaben Wd/o. Sardarbhai Dharubhai Ninama versus Durgashankar Kaniram Shankar reported in 2023 (0) ACJ 2586. He has submitted that therefore, considering the loss of dependency, it would be calculated as Rs.900.00 as monthly income multiplied by 12 months, multiplied by 18 multiplier plus 40% prospective income would come to Rs.40,824.00 total future loss, which should be awarded to the claimant by the learned Tribunal.