TULSIBHAI @ MOHANBHAI KHIMAJI MARWADI Vs. CHARANKAUR ARJANSING

JUDGEMENT

(1.) The appellant-Tulsibhai @ Mohanbhai Khimji Marwadi filed claim petition i.e. M.A.C.Petition No.416 of 1993 before the Motor Accident Claims Tribunal No.3 at Ahmedabad ( for short "the Tribunal") and claimed compensation of Rs.3-00 lacs in all. However, the learned Tribunal by its impugned judgment and award dated 28th August, 1995 partly allowed the claim petition and awarded only Rs.95,000/- with interest at the rate of 12 % per annum from the date of application till realisation with proportionate cost. The opponent No.3-Insurance Co. was directed to deposit the aforesaid amount before the Tribunal within three months. Out of the aforesaid amount, Rs.50,000/- was ordered to be invested in Fixed Deposit by opening Fixed Deposit Account in any nationalised bank of his choice with a direction that for a period of 5 years the claimant will not be entitled to withdraw the same or raise any loan on it without permission of the Tribunal.

(2.) Aggrieved by the aforesaid judgment and award passed by the learned Tribunal, the appellant-claimant has filed the present appeal restricting his claim to Rs.1,30,000/- in this appeal. Thus, in all he has claimed Rs.2,25,000/- instead of Rs.3-00 lacs claimed by him before the Tribunal.

(3.) The appellant, Tulsibhai @ Mohanbhai Khimji Marwadi, met with a vehicular accident on 18-2-93, at about 1-00 p.m., when he was pulling his handcart on the road going from Kalupur to Naroda of Ahmedabad. He was run over by the driver of Truck No.GRT 4695. In the accident which occurred because of the rash and negligent driving of the driver of the truck, he lost his right leg which was amputated below the knee in the hospital. Therefore, he filed M.A.C.Petition No.416 of 1993 before the Motor Accident Claims Tribunal No.3, at Ahmedabad, claiming compensation of Rs.3 lacs in all. In the claim petition he claimed that he was aged 35 years at the time of accident and was earning Rs.80/- per day. He was totally illiterate. After the accident, he was admitted in the hospital on 18-2-93 and discharged after a period of almost one month on 14-3-93. Dr. Maniar, Exh.22, stated that right leg of the appellant was amputated below the knee and skin grafting was done on 6-3-93. He assessed permanent disability of 45 % of the limb.