ROHIT NATHABHAI KHODABHAI Vs. BHAILALBHAI SHANABHAI PARMAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 31.01.1997 passed by the Motor Accident Claims Tribunal (Aux.-IV), Kheda at Nadiad in M.A.C.P. No.710/1987 whereby, the claim petition was allowed in part and the appellant, original claimant, was awarded total compensation of Rs.1,58,200/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.

(2.) THE aforesaid claim petition was preferred in connection with the vehicular accident that took place on 09.12.1986 at around 2000 hrs. on the Rajupura Khankuva road while the appellant was driving his auto-rickshaw bearing registration No. GTJ-8264. THE said auto-rickshaw was dashed by a Tractor bearing registration No. GJU-7604 driven by respondent no.1 herein.

(3.) HEARD learned counsel for the parties. None appears on behalf of respondent no.2, though served. The appellant had not produced any documentary evidence to prove his income. The Tribunal considered his notional monthly income at Rs.1,500/- looking to his profession, which, in my opinion, is just and reasonable. So far as the aspect of disability is concerned, it appears from the medical evidence on record that the appellant is not completely disabled to drive the auto-rickshaw but, there was some functional disability. Therefore, the Tribunal assessed the permanent partial disability at 50% for the body as a whole. Considering the medical evidence on record, the aforesaid assessment made by the Tribunal is also just and appropriate. Thus, the monthly loss of income would come to Rs.750/-.