GUJARAT STATE ROAD TRANSPORT Vs. KISHORSINH JIVANSINH SOLANKI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the Gujarat State Road Transport Corporation (G.S.R.T.C.), the owner of the bus and is directed against the award dated 19th May, 2004 passed by the Motor Accident Claim Tribunal (Main), Surendranagar in M.A.C.P.No.534 of 1995 thereby awarding a sum of Rs.81,900/ - as compensation for the injury suffered by the claimant with interest at the rate of 9% per annum from the date of filing of the application till realisation.

(2.) BEING dissatisfied, the owner of the offending bus has filed this appeal and has restricted its claim only to Rs.40,000/ -.

(3.) MS .Kushboo Daneja, the learned advocate appearing on behalf of Ms.Bhatt, the learned advocate for the appellant has taken a pure question of law in support of this appeal. According to Ms.Daneja, the claimant admittedly being a government servant and no evidence having been produced showing that due to the accident either any notice has been given to him for demotion or that he became unfit or even deprived of the regular salary during the period of absence which was 10 days, the Tribunal below was not justified in awarding Rs.45,000/ - towards future economic loss.