NAVINBHAI PANNALAL VASAVA Vs. MOHSINBHAI ABDULRAHIM SHAIKH

JUDGEMENT

(1.) The injured claimant disputes the judgment dtd. 29/2/2016 passed by Motor Accident Claims Tribunal (Aux.), Vadodara in M.A.C.P. No.468 of 2009, primarily on the ground that the income has not been appropriately assessed and no prospective rise in income has been considered.

(2.) Advocate Ms. Pooja H. Hotchandani with Advocate Mr. R.G. Dwivedi for the appellant submitted that the injured claimant was serving in GIDC Waghodia, and was earning Rs.3,000.00 per month, since no documentary evidence was produced to substantiate the factum of his income. Ms. Hotchandani submitted that Rs.2,500.00 per month has been considered.

(3.) Facts of the accident, as has been noted in the impugned judgment, reflects that on 31/3/2009 at about 5:00 p.m. in the evening, the applicant was driving his motorcycle bearing Registration No.GJ-6BJ-9722 with his friend as a pillion rider on the highway of Bodeli and were heading towards Dabhoi. It is stated that when they reached the place of accident, opponent no.1, by driving his Indica Car bearing Registration No.GJ-1HA-6300 in full speed, rash and negligent manner, came on the wrong side and dashed the motorcycle. As a result, the claimant suffered injuries and has sustained fracture on the leg and other injuries on the various parts of the body. The claimant was admitted to S.S.G. Hospital and remained as indoor patient from 31/3/2009 to 13/4/2009.