VIYANTKUMAR BHARATBHAI PATEL Vs. SURESHBHAI MORARBHAI PATEL

JUDGEMENT

(1.) Heard Mr.Hiren Modi, learned counsel for the appellant and Mr.G.C.Mazmudar, learned counsel for opponent No.3.

(2.) Challenge in this appeal is to the judgement and award dtd. 1/8/2014 passed by the Motor Accident Claim Tribunal, Surat, in MACT Claim No. 137 of 2001, by which, the Tribunal has awarded a compensation of Rs.1,23,000.00 to the claimant with running interest at the rate of 9% per annum from the date of the petition till realization.

(3.) The claimant here at the time of the accident was a minor aged 11 years. That age was so substantiated by way of a School Leaving Certificate at exh.46. The Tribunal reckoned the income at Rs.15,000.00 per annum. Perusal of the award of the Tribunal would indicate that the claimant had suffered fracture of Tribia Fibula on the left leg. The Tribunal, after considering the evidence on record, in all awarded the compensation as under: