SIDDIQ MUSA CHANAKI Vs. KASHAM ABDUL SATTAR POLA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 1 March 2000 passed by the learned Motor Vehicle Claims Tribunal (A) Godhra, Panchmahals in Motor Accident Claim Petition No.1281 of 1987 whereby the Tribunal has awarded a sum of Rs.15000/ along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) ACCORDING to the claimant, he along with others, on 31 August 1987 was returning after watching a movie. They were traveling in a rickshaw. The driver of the rickshaw lost control over the rickshaw and it turned turtle. The claimant sustained injuries and therefore he filed the aforesaid claim petition wherein the aforesaid award came to be passed.

(3.) AS a result of hearing and perusal of the record it is found that he stated in the plaint that he was earning Rs.1500/ per month. Though he deposed that he was earning Rs.3000/ per month there is no evidence to prove the same. Therefore the Tribunal has taken the income at Rs.1500/ per month which is just and proper. The claimant has sustained permanent partial disablement to the tune of 10% and it would be 5% on the body as a whole. 5% of Rs.1500/ would come to Rs.75 per month. The Tribunal has taken the multiplier of 15 which cannot be said to be on lower side on any ground. Therefore the future loss of income came to Rs.10,500/. The Tribunal has further awarded a sum of Rs.10000/ towards mental pain, shock and agony, Rs.5000/ towards attendant charges, special diet and medicines, and Rs.1500/ for actual loss of income. Thus the total income came to Rs.26,500/. However, admittedly the liability under section 197(2) and 95 of the Act was limited to Rs.15000/ only and therefore the Tribunal has awarded accordingly.