NARESHBHAI MULUIBHAI PATEL Vs. SUMANBHAI SOMABHAI RATHOD

JUDGEMENT

(1.) THIS first appeal is preferred by the original claimant before Motor Accident Claim Tribunal, Valsad at Navsari in MACP No.134 of 1991, which came to be decided on 16/10/2001. The appellant had claimed Rs.2,00,000/- for compensation on account of the injury received by him in an accident which occurred on 25/06/1990 at about 9:00 p.m. at Vapi Selvas Road. The negligence as a cause of accident is attributed to the driver of auto-rickshaw bearing Registration No.GCK 6160 by the Tribunal. The Tribunal after considering the evidence on record awarded a sum of Rs.27,700/- as compensation with 9% interest from the date of filing of petition till the realization with proportionate costs.

(2.) THE Tribunal took into consideration the heads of pain, shock and suffering, cost of attendance, transport charges, special diet charges, actual loss of income, etc., and hence this appeal.

(3.) HAVING gone through the evidence shown to us by learned Advocate for the appellant it appears that the claimant had suffered 16% permanent partial disability on the limb which was certified to be 8% permanent partial disability in respect of body as a whole. His income was assessed at Rs.2300/- per month considering the evidence brought on record. As such, there is no dispute so far as income part is concerned. It is clear from the judgment that the Tribunal has not awarded any compensation under the head of future loss of income.