MOHAN PRADHAN KHARVA Vs. ISHUL KAMAL MOHMMED PIRKHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 21st February 1994 passed by the learned Motor Accident Claims Tribunal (Main), Vadodara in Motor Accident Claim Petition No.726/1983 whereby the Tribunal has awarded a sum of Rs.1,40,000/- along with interest at the rate of 12% per annum. The appeal is at the instance of the claimant claiming for enhancement.

(2.) ON 21.6.1983 the claimant and others were traveling in S.T. Bus and were going to Mumbai. ON the way there was some mechanical difficulty which was repaired. However, later on the bus was required to be changed. After that the bus was late and the driver was driving the bus rashly and at excessive speed. The driver lost control over the steering and the bus collided with a stationery truck which was parked on the extreme left side of the road. The applicant and others sustained injuries and therefore he filed the aforesaid claim petition wherein the aforesaid award came to be passed.

(3.) AS regards income is concerned, the claimant was being sent for service on different ships. But he was not paid remuneration on monthly basis, but periodically. He produced certain documents showing his monthly income at Rs.2000/-. However, there is nothing on record to show that he was regularly getting the said amount every month. Therefore the Tribunal has assessed the income at Rs.1500/- per month. Learned Advocate for the appellant is not in a position to show that this income is erroneous in any manner whatsoever. Further the Tribunal has assessed the prospective income at Rs.2000/-.