Kantilal Valabhai Patel v. Minor Pravin Nathubhai through his guardian and next friend Nathubhai fatabhai Amaliyar
1995-06-09
R.A.MEHTA, S.K.KESHOTE
body1995
DigiLaw.ai
R. A. MEHTA, J. ( 1 ) THIS appeal by the original opponents is directed against the award of rs. 1,99,000 with proportionate cost and 12% interest. The appeal is restricted to rs. 1,00,000/ -. The break up of the award is as follows:. RS. 50,000/- For pain shock and sufferings Rs. 700/- For conveyance charges from Jhalod to Godhra civil Hospital Rs. 3,000/- For lodging, nursing and medicine charges in Godhra Hospital during 70 days rs. 900/- For transport charges for follow up treatment Rs. 10,000/- For artificial limb rs. 1,34,000/- For loss of future economic loss. Rs. 1,99,000/- plus costs and 12% interest As far as the last figure of loss of future economic loss is concerned, the tribunal in para 21 of its judgment has assessed the future loss of income at Rs. 10007- per month, and considering the disability at 70% and applying the multiplier of 16 the Tribunal has assessed the pecuniary loss at Rs. 1,34,400/-; ( 2 ) ON behalf of the appellants it is submitted that the claimant is aged seven years and his future income would have started only at the age of 18 years and till that date, on the basis of Rs. 1000/- per month to take the current income of a minor of seven years age will not be the correct approach. There is considerable force in the argument advanced on behalf of the appellants. Having regard to the facts and circumstances of the case it appears just and proper to direct that under the head of future economic loss the claimant be awarded a sum of Rs. 80,000/- instead of Rs. 1,34,000/ -. Thus there would be deduction of Rs. 54,000/- in the award, with proportionate costs and interest, and that amount will have to be returned to the appellant insurance company. ( 3 ) IN the result the appeal is partly allowed and the award of the Tribunal is modified, and the award shall be for the sum of Rs. 1,44,600/- with proportionate costs and 12% interest from the date of application till the date of realisation. The excess amount deposited by the insurance company shall be refunded to it. As regards Cost of the appeal, there shall be no costs and the parties shall bear their own costs. .