PRAKASH VALLABHDAS UNADKAR Vs. HIMANSHU CHHATRABHUJ RAITHATHA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 28.09.2000 passed by the Motor Accident Claims Tribunal [Special], Porbandar in M.A.C.P. No. 98 of 1995, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.58,800/- along with interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 27.12.1994, while the appellant was going on his scooter, at that time, respondent no. 1 who was also on his scooter bearing no. GJ-17A- 6164, while he wa trying to over take, his scooter dashed with the appellant, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant filed claim petition, which came to be partly allowed, by way of the impugned award. THE present appeal has been filed for enhancement of the amount of compensation.

(3.) FOR the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.44,100/- together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.