NAND LAL Vs. OM PRAKASH

JUDGEMENT

(1.) WITH the consent of both the parties, these appeals are being heard and finally disposed of at admission stage.

(2.) HEARD learned counsel for the parties.

(3.) ON hearing rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has failed to award adequate compensation for the future loss of income on account of disability by taking second schedule to the M.V.Act to be the guideline, therefore, a sum of Rs.70/- is assessed to be the daily earning of the injured and the amount deserves to be awarded by adopting multiplier of 12 as per guideline provided in the Judgment of Hon'ble Apex Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121, commensurating with the percentage of disability as under:Rs.70x30x12(multiplier)x22.5%(disability)=Rs.1,02,060-(minus)Rs.3,000/-(already awarded)= Rs.99,066/- (to be additionally awarded)