UNITED INDIA INSURANCE CO. LTD Vs. VIRAMBHAI DAHYABHAI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 18.08.2004 passed by the Motor Accident Claims Tribunal [Main] Surendrangar in M.A.C.P. No. 835/2001, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.86,000/ along with interest @ 9% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 27.07.2001 while Virambhai Dayabhai was walking on the side of the road, at that time, respondent no. 3 who was driving Motor Cycle bearing registration no. GJ13H2783, on account of rash and negligent driving dashed with Virambhai, as a result of which, Virambhai sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. It appears that the Tribunal assessed the monthly income of the claimant at Rs.1,500/ and prospective income at Rs.2,250/ on the basis of the averment made in the claim petition as also the deposition of the claimant before the Tribunal. Thus, the monthly income and the prospective income assessed by the Tribunal, is just and appropriate.