Rameshsing Madangopal Tomar vs Nasuruddin Chandbhai Fakir

Dr. Ashokkumar C. Joshi, J

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (MV Act) by the appellant – original claimant, challenging the judgment and award dated 22.03.2018 passed in Motor Accident Claim Petition No. 275 of 2001 by the learned Motor Accident Claims Tribunal (Auxiliary), Vadodara, whereby, against a claim of Rs.3 lakh for the injuries sustained by the original claimant in an accident that had occurred on 14.05.2000, the Tribunal has awarded an amount of Rs.90,100/- with 9% interest per annum from the date of filing the claim petition till realization holding the opponents therein jointly and severally liable to pay the compensation. Accordingly, the appellant – claimant has filed this appeal for enhancement of compensation.

Since, the facts of the accidents are not in dispute, the same are not detailed here.

Heard, learned advocate Mr. R. G. Dwivedi for the appellant, learned advocate Mr. Tanmay B. Karia for the respondent No. 3 – insurance company and learned advocate Ms. Bhavna Acharya for the respondent Nos. 1 and 2.

3.1 The gist of the arguments of the learned advocate for the appellant is that the appellant – claimant, at the relevant time, was working as a Grade-A Worker with Apollo Tyre and as per the Salary Certificate produced at Exh. 55, his gross monthly income was Rs.7,889/- at the relevant point of time, however, the Tribunal has erred in considering net monthly income without any emoluments as the income of the claimant and thereby, taking Rs.3,484.44 only as the income of the appellant - claimant. It is submitted that, Tribunal has further erred in finally assessing the income of the appellant – claimant at Rs.3,000/- per month considering the fact that the said income was calculated presuming the attendance of the employee (claimant) to be 100%. Further, it is submitted that the Tribunal has also erred in awarding actual loss of income considering the said income of the claimant (i.e. Rs.3,000/-). Accordingly, it is urged that this Court may allow this appeal considering the said aspects of the matter and thereby, enhance the award suitably.

As against this, the learned advocates for the respective respondents, while heavily opposing this appeal and supporting the impugned judgment and award, submitted that the impugned judgment and award being just and proper, no interference is required at the hands of this Court. It is submitted that the Tribunal, considering the fact that the incident had occurred in the year 2000 and that, considering the Salary Certificate, Exh. 55, has rightly taken the net income received by the claimant and thereafter, considering the attendance aspect, has rightly come to the conclusion that the claimant was earning Rs.3,000/- per month. Further, it is submitted that the amount awarded under different heads are also rightly awarded by the Tribunal and accordingly, it is requested that this appeal being bereft of any merits, deserves to be dismissed.

Regard being had to the submissions made and considering the averments made in the appeal as well as a perusal of the record reveal that indisputably, the appellant – claimant was working as a Grade-A Worker with Apollo Tyre and as per the Salary Certificate produced on the record of the Tribunal vide Exh. 55, the appellant – claimant was getting Rs.7,889/-per month towards gross monthly salary. Accordingly, there was no reason for the Tribunal for not considering the said amount as income of the appellant – claimant, more particularly, in view of the documentary evidence on record and therefore, in the considered opinion of the Court, the Tribunal has erred in considering the income of the appellant – claimant. Consequent thereto, the Tribunal has also erred in awarding an amount towards actual loss of income. Accordingly, this appeal, is required to be allowed to that extent and the impugned judgment and award is required to be modified accordingly.

In the aforesaid backdrop, this appeal succeeds and is allowed accordingly in part. The impugned judgment and award is modified to the aforesaid extent and it is held that the appellant – claimant shall be entitled for the following towards compensation:

Head

Award of Tribunal (Rs.)

Modified Amt. (Rs.)

Future loss of income

57,600/-

1,51,488/- (7889x10%*x12x16)

Actual loss of income

9,000/- (3000 x 3)

23,667/- (7889 x 3)

Pain, Shock & Suffering

15,000/-

15,000/-

Special Diet, Attendant, Transportation

5,000/-

5,000/-

Medical Expenses

3,500/-

3,500/

Total

90,100/-

1,98,655/-

Different Amt.

1,08,555/-

R/o.1,08,600/-

6.1 The difference amount shall be deposited within a period of 08 (eight) weeks.

6.2 The appellant – claimant shall be entitled to interest at the rate of 6% per annum on such enhanced amount of compensation, from the date of petition till realization.

6.3 The rest of the impugned judgment and award is not disturbed. R&P, if received, be sent back forthwith.