PRADEEP TARACHANDBHAI VARIYANI Vs. RAMESHCHANDRA R DIWAN

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 16.04.1999 passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar in Motor Accident Claims Petition No. 368 of 1996 so far as the Tribunal awarded only Rs. 1,20,000.00 as compensation with interest and costs.

(2.) IT is the case of the appellant that while the appellant was going to temple on his bicycle, a truck bearing registration No. GJ-1-U 7349 which was being driven by the original opponent no. 1 in a rash and negligent manner hit the cycle as a result of which he was thrown off the cycle. The appellant sustained injuries and therefore filed claim petition for compensation to the tune of Rs. 2,29,400.00. The Tribunal after hearing the parties passed the aforesaid award.

(3.) THE Tribunal in the present case has considered the income of the appellant at Rs. 800.00 per month. However, considering the law laid down by the Apex Court this court is of the view that the notional income of the appellant who was minor at the relevant time ought to have been considered at Rs. 15000.00 per annum.