DIVISIONAL CONTROLLER Vs. SHIVABHAI NARANBHAI DONGA

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (herein after referred to as 'the Act) is at the instance of State Road Transport Corporation against the award dated 29th January, 2007 passed by Motor Accident Claims Tribunal (Aux.), Amreli in Motor Accident Claim Petition No.293 of 2001; whereby, the claimant has been awarded compensation of Rs.1,81,000/ - along with interest at the rate of 7.5% per annum from the date of claim petition till actual payment.

(2.) After going through the judgment and the submissions made by counsel appearing for both the sides, there is no dispute that the victim while being a pillion rider was hit by the bus owned by the present appellant resulting into various injuries. The Tribunal after taking into consideration the materials on record, came to the conclusion that there was 30% disablement body as a whole of the respondent and taking his income as Rs.2,000/ - per month, at the time of accident, awarded compensation as stated in the foregoing para.

(3.) Learned counsel for the petitioner has submitted that the Tribunal has wrongly concluded that the deceased was having income of Rs.2,000/ -. According to him, there was no evidence regarding income adduced by the claimant. It is further submitted that disability of body as a whole, assessed by the Tribunal, was also wrong as there was no medical certificate by the Board of Doctors to show that the disability of body as a whole was 30%. Relying upon these averments, it is submitted that the award passed by the Tribunal was liable to be set aside.