KRISHNAKANT KANAIYALAL SHAH Vs. SIRAJMIYA DIWANMIYA DELETED

JUDGEMENT

(1.) The appellant, being aggrieved by the award dated 11th March, 1988 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Nadiad in M.A.C.P. No.133 of 1984, is before this Court seeking enhancement in the compensation amount.

(2.) In absence of any cross appeal or cross objections by the other side, it is not necessary to refer to the facts relating to accident, rashness, negligence and liability of the respondents.

(3.) After taking me through the evidence, specially, income tax returns produced at Exhs.39 and 40, it is submitted that the income of the claimant was showing an upward trend and the income was Rs.28,000/- in the first year and Rs.33,600/- in the second year, which the learned Tribunal found to be Rs.35,000/-. At least the prospective income could have been held to be Rs.40,000/-. It was also submitted that in paragraph 28 of the judgement, the learned Tribunal below found that the parties agreed that the medical bills, etc. are to the tune of Rs.50,835/-, but, erred in awarding a sum of Rs.45,000/- only.