AHER RANA DOSA Vs. ARJUNBHAI CHHAGANBHAI HARIJAN

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 17.06.1999 passed by the Motor Accident Claims Tribunal (Aux.), Jamnagar in Motor Accident Claims Petition No. 396 of 1992 so far as the Tribunal awarded only Rs. 1,96,400.00 as compensation with interest and costs.

(2.) IT is the case of the appellant that on 26.02.1992 while the appellant was travelling in a Chhakda rickshaw bearing registration No. GTP 7980, a tractor which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the rickshaw as a result of which appellant sustained injuries. The appellant therefore filed claim petition for compensation to the tune of Rs. 6,75,000. The Tribunal after hearing the parties passed the aforesaid award.

(3.) BEFORE proceeding further it is required to be noted that the issues with regard to income and deduction by way of personal expenses are already settled by the decisions of Apex Court. In the case of Smt Sarla Dixit & Anr Vs. Balwant Yadav & Ors, reported in 1996 AIR 1274 (=1996 SCC (3) 179) it is held as under: