IBRAHIMBHAI KARIMBHAI PATHAN Vs. RAMPRASAD GANGARAM JADAV

JUDGEMENT

(1.) This appeal under the Motor Vehicle Act is at the instance of a claimant in a proceedings under section 166 of the Motor Vehicle Act and is directed against award dated 16th June, 2001 passed by the Motor Vehicle Claim Tribunal (Aux. 1), Ahmedabad Rural in MACP No.1097 of 1995, thereby awarding a sum of Rs.41,996/- with interest at the rate of 9% per annum from the date of filing of the application till payment.

(2.) It appears from the record that due to accident, the claimant suffered injury. According to the certificate given by doctor which has been proved in course of trial, the claimant had sustained 21.4% partial permanent functional loss. According to the claimant, he was the owner of a tea stall and used to earn a sum of Rs.1500/- to Rs.2000/- a month. The claimant demanded a sum of Rs.1,50,000/- as compensation.

(3.) The learned Tribunal below, on consideration of the evidence on record came to the conclusion that due to negligence on the part of the driver of the offending scooter, the accident occurred. It further came to the conclusion that the offending vehicle was covered by a valid insurance and thus, the insurance company was liable to pay the amount.