NAYAKBHAI RANJITBHAI RATHWA Vs. BASIRBHAI NYAZBHAI

JUDGEMENT

(1.) THIS appeal, at the instance of the original claimant, is directed against the judgement and award dated 12.01.1995 passed by learned Motor Accident Claims Tribunal (Main), Vadodara in Motor Accident Claim Petition No.1324 of 1989 wherein the Tribunal has awarded a sum of Rs.75000/ along with interest at the rate of 12% per annum. The appeal is for enhancement of compensation.

(2.) ON 24.04.1989 the claimant was traveling in a tempo bearing No. GRR 3335 on VajepurMewada Road. At that time the driver of the tempo lost control over the truck and it turned turtle. The claimant sustained injuries and therefore he filed the aforesaid claim petition wherein the aforesaid award was passed. In the present appeal the claimant prayed for enhancement of compensation.

(3.) THE Tribunal has discussed and considered the income and disability aspect in greater details. From the evidence it was found that theclaimant was getting Rs.700/ at the time of accident and therefore his monthly income was taken at Rs.700/ and prospective income was assessed at Rs.1000/. The claimant remained bedridden for seven months and therefore taking the income of Rs.700/ the loss was calculated and rounded up to Rs.5000//.