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2016 DIGILAW 1610 (GUJ)

Jitsinh Shalamsinh Vaghela v. Kaushikbhai Chandubhai Patel

2016-08-03

R.P.DHOLARIA

body2016
JUDGMENT : R.P. Dholaria, J. 1. The present appeal has been preferred by the appellant - claimant against the judgment and award dated 20.4.2011 passed by learned Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No. 748 of 2005 awarding compensation of Rs. 1,64,190/-. 2. The appellant - claimant has preferred this appeal, inter alia, contending that learned Tribunal while awarding the amount of compensation has fallen in error in not adopting appropriate multiplier which was applicable to the facts of the present case. It is contended that learned Tribunal has not awarded just compensation on other admissible heads. It is further contended that there is every scope of enhancement of compensation and hence, it is urged to enhance the compensation, as such. 3. This Court has heard Mr. Makbul I. Mansuri, learned advocate for the appellant - claimant and Ms. Lilu Bhaya, learned advocate for respondent No. 2 - insurance company. Though served, none appears for the rest of the respondents. 4. Having heard learned advocates for the parties and having perused paragraphs 29 and 31 of the impugned judgment and award passed by learned Tribunal, it clearly establishes that the victim was aged about 31 years at the time of accident and he was serving in Vijay Jyoti Seeds Private Limited as Welder and used to earn Rs. 4385/- i.e. Rs. 4400/- per month. The injured's functional disability is to the extent of 16% as established before learned Tribunal. However, while calculating the future loss of income, learned Tribunal has counted 10 multiplier though in view of ratio laid down in Sarla Verma v. Delhi Transport Corporation reported in (2009) 6 SCC 121 and taking into consideration the age of the victim, appropriate multiplier would be 16 in the facts of the present case. If we apply the same, then the amount of compensation for future loss of income would come to Rs. 704/- (Rs. 4400 x 16/100 = Rs. 704/-) per month and the annual amount would come to Rs. 8448/- (Rs. 704 x 12 = Rs. 8448/-) and by applying multiplier of 16, the amount would come to Rs. 1,35,168/-. 5. This Court has also perused other heads upon which learned Tribunal has counted the amount of compensation inclusive of actual loss of income, pain, shock and suffering, special diet, attendance and transportation etc. 8448/- (Rs. 704 x 12 = Rs. 8448/-) and by applying multiplier of 16, the amount would come to Rs. 1,35,168/-. 5. This Court has also perused other heads upon which learned Tribunal has counted the amount of compensation inclusive of actual loss of income, pain, shock and suffering, special diet, attendance and transportation etc. However, on overall consideration of rival submissions made by learned advocates for the parties as well as evidence on record, taking into consideration 16% disability and the fact that the injured remained as indoor patient for about nine days, this Court deems it appropriate to award the amount of compensation under the head of pain, shock and suffering to the extent of Rs. 25,000/-. Hence, the amount would come to Rs.1,60,168/-. The claimant is also entitled to Rs.55,000/- towards loss of net salary and Rs.10,000/- towards special diet, attendant charges and transportation charges etc. In all, the appellant - claimant is entitled to Rs. 2,25,168/-. 6. It is also contended that the rate of interest is awarded at 7.5%. However, this issue has been considered by the Honourable Apex Court and this Court in several decisions wherein general guideline is that rate of interest should be in commensurate with the bank rate and now all the Courts are consistent to award interest at the rate of 9% p.a., and therefore, interest is required to be enhanced from 7.5% to 9% p.a. 7. In view of the aforesaid discussion, this appeal succeeds. The judgment and award dated 20.4.2011 passed by learned Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No. 748 of 2005 is modified and the amount of compensation of Rs.1,64,190/- awarded by learned Tribunal is enhanced to Rs. 2,25,168/- with interest at the rate of 9% from the date of application till realization. The deficit amount shall be deposited before learned Tribunal within two months from the date of this order. Registry is directed to send back the Record and Proceedings, if any, to the lower court forthwith. No costs.