Takhatsinh Chandubhai Bariya vs Ibrahimbhai Dadubhai Sheikh and Others

K.J. Thaker, J.—The appellant herein has challenged the award dated 02.05.2008 passed by the Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No. 5, Vadodara in Motor Accident Claims Petition No. 444 of 2004 so far as the Tribunal awarded only Rs. 36,000/- as compensation with interest and costs. This appeal is restricted to Rs. 50000/-. It is the case of the appellant that on 09.02.2004 while the claimants were travelling in truck bearing registration No. GRV 6317 which was being driven by the original opponent No. 1 in a rash and negligent manner in full speed turned turtle as a result of which they sustained serious injuries. The claimants, therefore, filed claim petitions for compensation to the tune of Rs. 3 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

Mr. Hakim, learned advocate appearing for the appellant submitted that the Tribunal erred in awarding lumpsum compensation. He submitted that the Tribunal ought to have awarded amount under the head of pain shock and suffering, hospitalization charges, attendant charges etc. He submitted that the amount awarded is on lower side.

Mr. Palak Thakkar, learned advocate appearing for the respondent No. 3 supported the award passed by the Tribunal and submitted that the amount of compensation awarded by the Tribunal is just and proper and does not call for any interference by this Court.

I have heard learned advocates for the parties and have gone through the evidence on record, more particularly the impugned award. In the present case, the Tribunal has assessed the monthly income of the appellant to be around Rs. 2000/- to Rs. 3000/-. Therefore, even if the monthly income of the appellant is taken as Rs. 2000/- as assessed by the Tribunal and adopting the multiplier of 15 coupled with the disability to the extent of 9%, the future loss of income shall come to Rs. 32400/- to which amount of Rs. 4000/- for actual loss of income is required to be added. The Tribunal has not awarded any amount under the head of pain, shock and suffering and therefore an amount of Rs. 7500/- is required to be awarded under the head of pain, shock and suffering. Considering the hospitalization of around 15 days, an amount of Rs. 12500/- is required to be awarded towards medication charges, attendant charges, special diet, transportation and other ancillary charges. Therefore, the appellant is entitled to an amount of Rs. 56,400/- as total compensation. The Tribunal has already awarded Rs. 36,000/- and therefore an additional amount of Rs. 20,400/- is required to be awarded. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 20,400/-alongwith interest at 7.5% from the date of application till realisation. The amount shall be deposited within a period of twelve weeks from today failing which the respondents shall be liable to pay 9% interest. The award of the Tribunal is modified accordingly. No order as to costs.