SHIVIBEN Vs. USMANBHAI KASAMBHAI VAHORA

JUDGEMENT

(1.) THE appellant has preferred the appeal under the erstwhile provisions of Section 110 D of the Motor Vehicles Act, 1939 for enhancement of compensation awarded by common judgment and order dated 2-3-1984 of MAC Tribunal (A), Nadiad in MACP No. 692 of 1982. On 14-1-1983, while the appellant and another woman was standing near water room on the curve of Bhaner road, vehicle no. GTG 3858 knocked down the women, pursuant to which the appellant was injured and she claimed Rs. 50,000/- as compensation. Having regard to the medical evidence, deposition of the doctor and nature of injuries attributed to the accident, the tribunal assessed permanent partial disability at 5% of the body as a whole and in view of the total income of Rs. 2,600/- per year and Rs. 7/- per day, and disablement for 134 days, the appellant was held to be entitled to Rs. 8,000/- on account of pain, shock and suffering, Rs. 938/- as loss of income, Rs. 500/- for medical expenses, Rs. 1,000/- towards vehicular expenses and Rs. 1,950/- as future loss of income.

(2.) AS against award of total Rs. 12,388/- as compensation with 6% running interest and cost, it was argued by learned counsel, Ms. Jolly Parikh that the tribunal ought to have assessed permanent partial disablement at 30% and ought to have taken into consideration the income earned by the appellant by maintaining a buffalo. It was, however, seen from the record and particularly deposition, Exh. 68, of the appellant herself and deposition, Exh. 28, of the doctor that the alleged permanent partial disability of the lower limb were not entirely attributable to the accident in question and the appellant had admitted to earning practically the same amount after recovering from the injuries. Thus, the assessment of permanent partial disability at 5% and the award of Rs. 1,950/- as future loss of income appear to be just and reasonable requiring no upward revision as claimed by the appellant.

(3.) NO ground having been made out for enhancing the amount of compensation, the appeal is dismissed with no order as to costs.