ASLAM OSMAN QURESHI Vs. BIJALBHAI RAMABHAI RABARI

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant ­ original claimant has challenged the judgment and order dated 8th June 2007 passed by the learned Motor Accident Claims Tribunal (Aux-1), Kachchh at Bhuj in MAC Petition No.221 of 2005 whereby the Tribunal has partly allowed the claim petition filed by the claimant.

(2.) . The short facts of the present appeal are that on the date of the incident i.e. on 17th December 2004 the claimant was driving Luxury Bus No.GJ.12.T.4403 for going to Ahmedabad from Bhuj. It is his case that he was driving the bus on the correct side of the road and in a moderate speed and when they reached the village Dhamak on Dhrangadhra-Surendranagar Highway at about 4 AM a public carrier bearing No.GJ.12.V.7899 came in a rash and negligent manner and dashed with the bus due to which he sustained serious injuries. He was admitted in Civil Hospital at Surendranagar initially and thereafter was shifted to VS Hospital, Ahmedabad. He therefore filed claim petition claiming compensation of Rs.10 lakhs.

(3.) LEARNED counsel for the appellant submitted that the Tribunal has committed an error in not considering the certificate at Exhibit 36 where the disability of the appellant was stated to be 85% and that the appellant could not drive the vehicle due to the injury sustained by him. He further contended that the Tribunal has committed an error in assessing the loss to the extent of 15,300 per annum and it should have been considered as Rs.36,000 and therefore the Tribunal ought to have awarded Rs.6,48,000 as the future economic loss.