PAPAN RAJAN VAGHARI Vs. ANWAR AMIRALI KHOJA

JUDGEMENT

(1.) THESE appeals have been preferred against the common judgment and award dated 23.01.2001 passed by the Motor Accident Claims Tribunal [Main] BhujKutch, in M.A.C.P. No. 408/1992 and 409/1992, whereby the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs.94,000/ and Rs.1,28,600/ together with costs and interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 26.04.1992 at around 0930 hrs., while the appellant was travelling in a Rickshaw along with his family members, at a particular place, a Rickshaw bearing no. GJ12T6510, in a rash and negligent manner came from the opposite direction and dashed with the Rickshaw in which the claimants were travelling, as a result of which, the claimants sustained severe bodily injuries. In the said accident the son of the appellant succumbed to the injuries. The appellants original claimants have therefore preferred claim petitions, which came to be partly allowed, by way of the impugned award.

(3.) SO far as First Appeal No. 2425/2002 [M.A.C.P. No. 408/1992] is concerned, the main ground under which the appellants have prayed for enhancement of the amount of compensation is that though the Tribunal has believed the monthly income at Rs.1500/, it has not taken into consideration the future loss of income while calculating the amount of compensation.