ABHESING CHHAGANBHAI KOLI PATEL Vs. PRATAPBHAI RAMABHAI RATHWA

JUDGEMENT

(1.) THE short facts of the case appear to be that the appellant, while travelling in ST Bus No.GJ -18 V 1009 for Chhotaudepur at about 8.15 a.m., near Village Kevadi, one tempo bearing No.GJ -7 X 1960 dashed with the bus and the appellant sustained injury on the thigh of the right leg and also below the knee. The appellant had undergone treatment for 47 days in the hospital. The claim petition was filed before the Tribunal. The Tribunal after adjudication passed the award directing to pay a compensation of Rs.57,000/ - together with interest at the rate of 9% and the proportionate cost and it is under these circumstances, the present appeal.

(2.) HEARD Mr.Bukhari, learned Counsel for the appellant.

(3.) THE first contention raised by Mr.Bukhari is that the income of the claimant was wrongly assessed by the Tribunal at Rs.2,000/ -. If the said contention is examined, it appears that as per the statement on oath, the income of the claimant was Rs.2,100/ -. As against the same, if the Tribunal has assessed Rs.2,000/ - per month, such cannot be said to be an error on the part of the Tribunal, since the income even otherwise also in normal circumstances is to be considered by taking the proximity of the figure.