GIRISHKUMAR BABULAL SHAH Vs. BABU VAZ KANGAD

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 07.04.1997 passed by the Motor Accident Claims Tribunal (Aux.), Mehsana in Motor Accident Claims Petition No. 636 of 1991 so far as the Tribunal awarded only Rs. 1,40,650/- as compensation with interest at 15% and costs.

(2.) IT is the case of the appellant that on 24.01.1991, the appellant along with one Ashokbhai was riding a scooter bearing registration no. GJ-2 7039 when a tanker bearing registration No. GTY 6475 which was being driven by the original opponent no. 1 in a rash and negligent manner hit the scooter as a result of which the appellant sustained serious injuries and the scooter was damaged considerably. The appellant therefore filed claim petition for compensation to the tune of Rs. 5 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) BEFORE proceeding further it is required to be noted that the issues with regard to income is already settled by the decision of Apex Court. In the case of Smt Sarla Dixit & Anr Vs. Balwant Yadav & Ors, reported in 1996 AIR 1274 (=1996 SCC (3) 179) it is held as under: