AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. GANPATRAO ANANDRAO SINDE

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of Ahmedabad Municipal Transport Service, the owner of the offending vehicle, and is directed against an award dated 3rd August 2005 passed by the Motor Accident Claims Tribunal, Ahmedabad City, in MACP No. 711 of 2002 thereby awarding a sum of Rs.2,00,000/ - as compensation for the injuries suffered by the claimant. Although according to the Tribunal itself, the total amount of compensation worked out to Rs.2,40,080/ -, as the claimant had restricted its claim petition only to Rs.2,00,000/ -, the learned Tribunal awarded only Rs.2,00,000/ - with 9% interest per annum from the date of filing of the claim -petition till realization.

(2.) BEING dissatisfied, the owner of the vehicle has come up with the present appeal.

(3.) IT appears from the records that the claimant was an auto rickshaw driver, and on on 2nd January 2002, while the claimant was crossing the road, the bus owned by the appellant knocked him down and the rear wheels of the bus ran over both his legs as a result he suffered fractures on both his legs. It further appears from the record that the claimant was operated thrice on his legs, and for this reason, for the next 13 months, he could not drive his rickshaw. In the claim -petition, it was specifically asserted that the monthly income of the victim was Rs.4000/ - as such auto rickshaw driver.