KANAIYALAL ABULAL BHABHANI Vs. SUNILBHAI HASMUKHBHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.04.1992 passed by the Motor Accident Claims Tribunal, (Aux.), Ahmedabad (for short, ?the Tribunal?) in M.A.C.P. No. 295 of 1987 whereby, the opponents were directed to pay an amount of Rs. 41,200/- with proportionate costs and interests @ 12% per annum from the date of the application till its realization to the claimants.

(2.) THE facts in brief as emerging from the record are that on 26.09.1987, while the appellant was crossing the road near Sabarmati Power House, at that time he was dashed by scooter bearing registration no. GBH 6400 driven by respondent no.1 herein. As a result of the said accident, the appellant sustained severe bodily injuries. He filed a claim petition before the Tribunal claiming compensation of Rs.1,25,000/-. However, the Tribunal awarded only Rs.41,200/- with interest, by way of the impugned award. Being aggrieved by the same, the appellant has preferred the present appeal for enhancement of the amount of compensation.

(3.) HEARD learned counsel for the parties. Looking to the nature of the injuries suffered by the appellant, I am of the opinion that the Tribunal was completely justified in assessing the overall functional disability of the appellant at 10 per cent.