MEHULKUMAR GHANSHYAMBHAI PATEL Vs. PRAJAPATI MULAGIRI GOSWAMI

JUDGEMENT

(1.) This is an appeal by the appellant-original claimant, challenging the judgment and award, dtd.: 15/5/2008, passed by the learned Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No.2, Vadodara ('the Tribunal', herein after), in Motor Accident Claim Petition No. 1230 of 2003, whereby, the Tribunal partly allowed the said claim petition and awarded total Rs.1,87,000.00 towards compensation, along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition, till realization so also proportionate costs.

(2.) Learned Advocate, Mr. Modi, appearing for the appellant-claimant mainly submitted that the Tribunal committed an error, while calculating the income of the appellant-claimant by overlooking the relevant documents, though, the same were produced before it.

(3.) On the other hand, learned Advocate, Ms. Bhaya, appearing for Opponent No.3-insurer strongly opposed this appeal and submitted that, initially, the appellant-claimant had filed an application under order 44 (1) and Order 33 (1) as a 'Pauper', stating, therein, that he was neither having any movable or immovable property and that he is not having sufficient income. It was, therefore, submitted that, at the time of accident, the appellant-claimant was not having any income, and hence, the amount awarded by the Tribunal is just and proper and does not call for any interference.