SURAJBA BABUBHA Vs. USHAKANT GULABRAY VYAS

JUDGEMENT

(1.) BY way of this appeal, the appellant-original applicant has challenged the judgement and award dated 31.03.1992, passed by the Motor Accident Claims Tribunal(Main) Bhavnagar, in M.A.C.P. No. 267 of 1986, whereby the tribunal has awarded compensation in the sum of Rs. 61,100/- to the claimant with interest at the rate of 09% per annum from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that on 25.05.1985 the appellant along with her nephew and daughter were going to Bhavnagar City on a Auto rickshaw. When the said Rickshaw had reached near Lal Tanki, one Fiat Car dashed with the rickshaw. As a result of the said accident, the appellant sustained injuries. THErefore, he filed claim petition being M.A.C.P No. 287 of 1985, before the Motor Accident Claims Tribunal(Main) Bhavnagar for compensation. 2.1. THE learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the present appellant.

(3.) I have heard learned counsel appearing for the appellant and perused the record as well as the judgement and award of the tribunal. I am of the view that the Tribunal, after considering the evidence produced on record regarding the income, has rightly calculated income of the appellant at Rs.6000/- per month. Further, considering the age of the appellant at about 45 years at the time of accident the Tribunal has awarded Rs. 7,200/- under head of actual loss of income.