MUJFARKHAN DILAWARKHAN PATHAN Vs. KANTIGIR MANIGAR GOSAI

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record. The appellant herein has challenged the judgement and award dated 19/2/1991 passed by the Motor Accident Claims Tribunal (Special) Kheda in Motor Accident Claims Petition No. 213 of 1985 whereby the Tribunal granted Rs. 39,800/- by way of compensation to the original claimants.

(2.) THE original claimants had filed claim petition seeking compensation to the tune of Rs. 1 lakh in respect of the vehicular accident which occurred on 7/12/1984 when the claimant no. 1 while walking on the correct side of road got hit by an S.T. Bus driven by the original opponent no. 1 in a rash and negligent manner. THE original claimant no. 1 sustained serious injuries. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court having heard learned advocates for both the sides and having perused the papers on record is of the view that the Tribunal has gone into the evidence in detail and come to the conclusion that the original opponent no. 1 is responsible for the accident in question. The doctor admitted the disability at 17% and also admitted that the boy will be able to walk with artificial shoes. The Tribunal in paras 10 & 11 has discussed in detail the reasons for granting RS. 39800/- as compensations. In my opinion the amount under various heads is just and proper. No interference is called for in the award.