VALABHAI PUNABHAI CHARAN Vs. NIRANJAN JETHANAND SHARMA

JUDGEMENT

(1.) BEING aggrieved by the judgement and award dated 12th October, 1981 passed by the learned Member, Special Motor Accident Claims Tribunal, Panchmahals, Godhra, in M.A.C.P. No.331 of 1981, the appellant -owner of the she -buffalo has come to this Court, seeking enhancement in the claim amount.

(2.) AS the respondents, driver and the owner of the bus, have not filed any appeal, it is not necessary for me to enter into the question of rashness, negligence, etc.; I will proceed on the ground that the vehicle was driven rashly and negligently and as a result of the accident, the she -buffalo belonging to the appellant -claimant suffered various injuries.

(3.) THE learned Tribunal, after recording the evidence, has awarded a sum of Rs.1,400/ - by way of compensation in view of the medical condition of the she -buffalo. From the records, it would appear that after suffering the injuries in the accident, the she -buffalo was examined by the Veterinary Officer on 2nd January, 1981 and it was found that the right horn was fractured, it was further found that there was a fracture on the right as well as left ilium bone leading to the condition where a cattle cannot carry any weight. The she -buffalo was again examined on 12th August, 1981 and the medical certificate issued by the Veterinary Officer (Exh.21) proved that the she -buffalo was unable to walk properly and there were noticeable deformities in the pelvic girdle. The Veterinary Officer was of the opinion that the claimant's buffalo, having suffered deformities in pelvic girdle, could lead to complications in reproduction. The Court below observed that the she - buffalo had become useless and could not yield any milk in future.