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Judgment
Honourable Mr.Justice K.S. Jhaveri
This appeal is directed against the judgement and award dated 25.04.2000 passed by the Motor Accident Claims Tribunal ( Aux.), Jamnagar in Claim Case No. 504 of 1996 wherein the Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 1,39,325/- to the claimants along with interest at the rate of 12% from the date of application till its realization. On 14.06.1996 at about 9.00 p.m. the claimant along with others was going on moped No. GJ 10-A 8905 towards his home. When they reached near Summer Club, one S.T bus came from opposite direction in full speed and dashed with moped on wrong side. As a result thereof, the claimant sustained serious injuries. The claimant therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award. This appeal is filed for enhancement of compensation.
Learned advocate appearing for the appellant contended that learned Tribunal has committed error in deducting 20% amount by holding that the appellant is also co-negligent for the accident. He submitted that the claimant was pillion rider and therefore, by holding negligent to the extent of 20% by the learned Tribunal is contrary to Section 128 of the Motor Vehicles Act.
Learned advocate for the appellant submitted that multiplier of 15 applied by the learned Tribunal is on lower side.
Learned advocate for the respondent supported the judgment and award of the learned Tribunal and submitted that the appeal may be dismissed.
Heard learned advocate for the parties and perused the documents on record. The learned Tribunal in absence of any documentary evidence with regard to the income has rightly assessed the income of Rs. 2000/-. The claimant has suffered 37% disability. Considering 37% disability, the amount would come to Rs. 740/- per month and Rs. 8880/- per year. As far as multiplier is concerned, at the time of accident the claimant was aged 35 years. Therefore, the multiplier of 16 ought to have been applied in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121.. By applying the multiplier of 16, the future loss of income would come to Rs. 1,42,080- ( Rs. 8880- x 16). Thus, the claimants are entitled an additional amount of Rs. 8880/- ( Rs. 142080/- - Rs. 133200/-).
Further, the claimant was travelling as pillion rider and there were more than one pillion rider on the moped. There is specific principle that more than one pillion rider is not allowed on the moped. As there were more than one pillion rider on the moped, the balance of the driver of the moped will be disturbed. In these peculiar facts the Tribunal has deducted Rs. 30000/- towards 20% negligence on the part of the claimant. The view taken by the learned Tribunal is just and proper. Hence, the learned Tribunal has rightly held that there is 20% negligence on the part of the claimant. In that view of the matter, 20% of additional amount of Rs. 8880- would come to Rs. 1776/- and therefore, the claimant is entitled for additional amount of Rs. 7104/- ( Rs. 8880/- - Rs. 1776/-) at the rate of 7.5% from the date of application.
The Tribunal has awarded Rs. 3000/- towards attendance charges, Rs. 6625/- towards medical treatment, Rs. 2000/- towards special diet and Rs. 15, 000/- towards pain, shock and suffering. In my opinion, the amounts awarded under the aforesaid heads are just and proper. In the premises aforesaid, it is held that the claimant will be entitled to additional amount of Rs. 7104/- at the rate of 7.5% from the date of application. The rest of the award is not disturbed. The award is modified accordingly. The appeal is partly allowed to the aforesaid extent with no order as to costs.