MALABHAI DHIRABHAI BHABHOR Vs. SHIVSHANKER HIRALAL BHATT

JUDGEMENT

(1.) THIS appeal has been filed by the original claimant under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 26 -12 -2004 passed by the Motor Accidents Claims Tribunal (Main), Dahod, in MACP No.202 of 2004 (Old MACP No.457 of 1991).

(2.) THE claim petition has been filed by the injured claimant claiming Rs.1,50,000/ - as compensation for injuries suffered by him in an accident which took place on 18 - 12 -1990 at about 5.15 p.m. near Village Sanpoi on Jhalod -Dahod Road causing injuries to the claimant and death of one Puniabhai involving motor truck No.GRQ - 8024 and Chakda No.GJ -17 -I -3814. After hearing the learned advocates appearing for the parties and considering oral as well as documentary evidence on record, the impugned award was passed by the Tribunal. Hence, this appeal has been filed by the original claimant for enhancement of compensation.

(3.) THE learned advocate for the appellant has restricted arguments only on the quantum awarded. It is contended that the age of the deceased was 70 years and he received fracture injury in the accident. He was an agriculturist and earning Rs.1,000/ - per month. The doctor has assessed 7.5% disability qua body as a whole, however the tribunal has awarded only Rs.20,500/ - and hence, it is, therefore, submitted that award may be enhanced.