BHALABHAI JIVABHAI RABARI Vs. DESABHAI JIVABHAI RABARI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award 04.10.2000 passed by the Motor Accident Claims Tribunal (Aux. II), Ahmedabad (Rural) at Mirzapur, Ahmedabad in M.A.C.P. No.1770/1990 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded compensation of Rs.59,500/- along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 17.05.1990 at about 0830 hrs. while the appellant, original claimant, was travelling in the Truck bearing registration no. GJ-12T-5142, driven by respondent no.1 and insured with respondent no.2-Company, in the capacity of a Cleaner of the said Truck, respondent no.1 lost control over the Truck and it turned turtle. In the said accident, the appellant sustained severe bodily injuries. He, therefore, filed the claim petition claiming compensation of Rs.2.00 Lacs, which came to be partly allowed, by way of the impugned award. Being aggrieved by the amount of compensation awarded, the appellant has preferred the present appeal for enhancement.

(3.) IT appears that the Tribunal assessed the monthly income of the appellant at Rs.1,200/- on the basis of the averment made in the claim petition as also the deposition of the appellant before the Tribunal. However, while calculating the prospective income, the Tribunal did not adopt the formula laid down by the Apex Court in the case of U.P. State Road Transport Corporation & ors. v. Trilok Chandra and others, 1996 (4) S.C.C. pg. 362 [1996(3) G.L.R. pg. 136]. By adopting the principle laid down in the above decision, the monthly income of the appellant would come to Rs.1,800/-.