SOMABHAI G BARAIA Vs. MAHENDRASING LAXMANSING

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 28th February, 1985, passed by Motor Accident Claims Tribunal (Aux.), Ahmedabad Rural ­ Narol in Motor Accident Claim Petition No.468 of 1980 vide which the claimant was awarded compensation of Rs.37,500/-, the present appeal has been preferred.

(2.) Facts necessary for disposal of this appeal are that on 25.4.1980 at about 5.45 p.m., accident took place between S.T. Bus No.GRT-7682 and Truck No.GRS 6255 insured with New India Assurance Co.Ltd. In this accident, bus was pushed ahead and collided with the parked police van and thereafter, collided with huts and caused damages. 56 Claim Petitions came to be filed by the passengers of bus, hutment dwellers, driver and conductor of the bus. The Tribunal held Truck driver 100% negligent in causing accident. The conductor of S.T. Bus aged 41 years who received injury on right arm fractures of ribs of left side and injury on shoulder, preferred claim petition seeking claim of Rs.1 Lac. The Tribunal taking into account various aspects of the case, passed aforementioned award in favour of the claimant. Aggrieved from this award, present appeal has been preferred.

(3.) This Court has gone through the award passed by the Tribunal. The Tribunal seems to have disposed of 56 claims. In the present award, the Tribunal has awarded Rs.2,500/- for the medical treatment and costs of attendant and special diet. It has further awarded Rs.10,000/- towards pain, shock and suffering and Rs.2,000/- towards actual loss of income. The Tribunal has also awarded Rs.22,500/- for economic loss and in total, award of Rs.37,500/- was passed in this case.