GSRTC Vs. VIRJI VELJI JOSHI

JUDGEMENT

(1.) THESE appeals have been filed against the judgment and award passed by the Motor Accident Claims Tribunal (Special), Porbandar in M.A.C. Case No.127/1990 and M.A.C.P. Case No. 126/1990 dated 08.04.1993, whereby, the said case was partly allowed and the respondents, original claimants, were held to be entitled to receive Rs.84,900/- and 41,900/- respectively, together with interest at the rate of 12% p.a from the date of application and proportionate costs from the appellants, original opponents.

(2.) THE facts in brief are that on 15.09.1990 while Virji Velji and Premji Lakhman were was returning from Ranavav to Vanana on his motor-cycle bearing no. GCA 1281, they were dashed by S.T. bus bearing registration no.GJ-T-9444, driven by respondent no.2 herein and owned by the appellant-Corporation. In the said accident, both Virji Velji and Premji Lakhman sustained severe injuries. Later on, both Virji Velji and Premji Lakhman filed the claim case before the Tribunal claiming compensation of Rs.1,60,000/- and 50,000/- respectively. THE said claim cases came to be partly allowed by way of the impugned award. Hence, this appeal.

(3.) SO far as the quantum of compensation is concerned, the Tribunal has assessed his income at Rs.900/- per month, which is just and proper. SO far the disability part is concerned, the Tribunal has assessed the same at 30% for the body as a whole on the basis of the medical certificate (Exhibits-52, 53 and 45) issued by the Doctor. Considering the medical evidence on record, the assessment of disability made by the Tribunal is also just and reasonable.