PARBAT JIVA AYAR Vs. JITENDRASING BALDEVSING

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of a claimant in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 12th April 2005 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in MAC Petition No.72 of 2002 by awarding a sum of Rs.47,000/ - as compensation with interest at the rate of 12% per annum from the date of filing of the application till 31st December 1998 and at the rate of 9% per annum from 1st January 1999 till payment.

(2.) BEING dissatisfied, the claimant has come up with this appeal for enhancement of the amount.

(3.) IT may not be out of place to mention here that the appellant claimed a sum of Rs.1 lakh as compensation in the claim -application. There is no dispute that while the appellant was travelling on a tanker there was a collision between the said tanker and trailer coming from the opposite direction as a result, the appellant was injured mainly on his leg. According to the appellant, he was a Cleaner of a vehicle and his monthly salary was Rs.1500 a month plus Rs.30/ - as daily bhattha. Therefore, the total amount was Rs.2400/ - a month.