NATHA MARU NANDANIYA Vs. NAGA NARAN AHER

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 31.08.1999 passed by the Motor Accident Claims Tribunal Jamnagar in Motor Accident Claims Petition No. 227 of 1994 Ex. 71 so far as the Tribunal awarded only Rs. 1,67,200.00 as compensation with interest and costs.

(2.) IT is the case of the appellant that while the appellant was going on his motorcycle, a matador bearing registration No. GJ-10-T 5510 which was being driven by the original opponent no. 1 in a rash and negligent manner hit the motorcycle as a result of which he was thrown off the motorcycle. The appellant sustained injuries and therefore filed claim petition for compensation to the tune of Rs. 7,90,000.00. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MS . Viraj Fojdar, learned advocate appearing for Ms. Megha Jani for the respondent insurance company supported the award passed by the Tribunal and submitted that the Tribunal has rightly considered the contributory negligence of the appellant taking into account the documentary evidence. She submitted that the assessment of income is also just and proper looking to the business of selling milk and milk products. She however could not controvert the issue of multiplier.