SHOKATHUSEIN YUSUF MOMANI Vs. ASLAM ABDULLA JADI

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 21.12.2005 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in Motor Accident Claims Petition No. 148 of 2002 so far as the Tribunal awarded only Rs. 91,640/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 11.11.2001 while the appellant was riding his bicycle, a rickshaw bearing registration No. GJ-17-U 1561 which was being driven by the original opponent no. 1 in a rash and negligent manner hit the cycle as a result of which the appellant sustained injuries. The appellant therefore filed claim petition for compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) THUS considering the formula laid down in the case of Smt. Sarla Verma(supra), the income of the deceased is to be calculated. In the present case the Tribunal has assessed the income of the deceased at Rs. 7000/-. The Tribunal has not considered D.A for considering the income. Accordingly, the monthly income comes to Rs. 10000/-. Considering the age of the appellant, the said income should be added with 30% of the income which comes to Rs.13000/- (Rs. 10000 + Rs. 3000) as the prospective income. In the present case the disability ought to have been taken at 13%. Accordingly, the disability comes to Rs. 1690/- per month and Rs. 20280/- per annum.