RAMDAS VERLEKAR Vs. MOTIBAI GANPAT NAGVENKAR

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 23rd October, 2001 passed by the Motor Accident Claims Tribunal, South Goa, Margao, ( for short "the Tribunal"), awarding compensation of Rs.1,75,478/ -. By this Appeal the Appellant (who is the original claimant ) prays for enhancement of the amount of compensation.

(2.) RESPONDENT No.1, who was owner of the vehicle involved in the accident, is represented by his heirs. They are absent though served. Only the Respondent No.2 - Insurance Company appeared and contested the Appeal.

(3.) ACCORDING to the Appellant, he was carrying on business as a goldsmith and was owner of a shop of goldsmith. Prior to the accident his income from the business of goldsmith was about Rs.82,000/ - per year. However, in view of Section 5A of the Income Tax Act, it was apportioned equally between himself and his wife at Rs.41,000/ - each. On account of accident, the Appellant was unable to look after his business for several months and, therefore, in the next year his income dropped to about Rs.41,000/ - which was again apportioned equally between him and his wife at Rs.20,500/ - each. The injuries suffered resulted in 15% permanent disability to the appellant who was unable to squat on the floor and do his business of preparation of gold ornaments by squatting on the floor. His business therefore continued to suffer and he continued to suffer loss of income in the future years also. According to him, the Tribunal erred in not appropriately awarding compensation towards the loss of business.