R R GAMAR Vs. S N VALAND

JUDGEMENT

(1.) The appellant claimant, being aggrieved by the award dtd.8/4/1982 passed by the Motor Accident Claim Tribunal (Main), Banaskantha at Palanpur in Motor Accident Claim Petition No.74 of 1981, is before this Court with a submission that the tribunal erred in awarding only a sum of Rs.26,500=00 against claim of Rs.45,000=00.

(2.) In absence of Cross Objections or Counter Appeal, it is not necessary for this Court to enter into the facts relating to the accident and the liability of the parties.

(3.) From the evidence available on the records, it would clearly appear that as a result of the accident, the appellant had suffered number of injuries. It is a case of permanent deformity of left side of the lower limb. Dr.A.A. Patel in his statement, certifying correctness of his certificate Exh.60, had clearly stated that there was shortening of leg by 1" with 3/4" calf wasting. He also stated before the tribunal that 10% movement, flexion and extension is limited at knee joint, there was pain in the ankle joint and there was limitation of dorsiflexion of last 20%. In the Cross-examination, he also stated that there was a case of mal-union of tibia and fibula and that the deformity was to the extent of 20%. The tribunal held that the claimant was earning Rs.10=00 per day or Rs.300 per month, therefore, the loss of the future earning would be 20% of Rs.300=00 equivalent to Rs.60 per month or Rs.720=00 per year.