PRABHAKAR Vs. GAJANAN

JUDGEMENT

(1.) This appeal is filed against the Judgment and Award, dt.25.10.2004 passed by the learned Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No.119 of 1999 whereby compensation was awarded in the sum of Rs.2,00,000/ including no fault liability amount with interest @ 6 % p.a. from the date of petition till realisation of the amount.

(2.) The facts, briefly stated, are as under :

(3.) It appears that, before the Tribunal, the evidence was led regarding medical treatment received by the claimant at the hospital of Dr. Ranjit Patil. The driver was prosecuted on the basis of police papers such as F.I.R. (Exh.29), spot panchanama (Exh.30) etc.. The Injury Certificate (Exh.32) indicated that the claimant was suffering fracture of femur bone of the left leg and the Medical Officer assessed as 22% permanent disability for the claimant. Having examined the evidence, the learned Member of the Tribunal considered the age of the claimant as 28 years at the time of accident and calculated the amount of compensation on the basis of multiplier of 18 applicable to the claimant as also treated his income as 5000/ p.m. from agricultural business as well as labour work and arrived at the conclusion that the claimant was entitled for compensation in the sum of Rs.4,37,680/. However, since the claimant had restricted the amount of compensation to Rs.2,00,000/ only, the Award was passed in the sum of Rs.2,00,000/ exclusive of no fault liability amount and 6 % p.a. simple interest from the date of petition till realisation.