VITTHAL Vs. VITTHAL AND ANOTHER

JUDGEMENT

(1.) When the matter was called out yesterday, none appeared on behalf of the appellant and it was kept today. Even today, no one appears on behalf of the appellant.

(2.) By the judgment and award dated 20.10.2004 in Motor Accident Claim Petition No. 44/1998, the learned Member of the Motor Accident Claims Tribunal, Wardha allowed the claim petition filed by the claimant and directed the respondent nos.1 and 2 to jointly as well as severally pay compensation to the claimant amounting to Rs.36,500/on the principle of No Fault Liability.

(3.) The appellant by filing this appeal is seeking enhancement of compensation to the tune of Rs. Two lakhs. By an application filed under Section 166 of the Motor Vehicle Act, 1988, the injured/claimant had prayed for compensation of Rs.Two lakhs on account of permanent disability suffered by him in vehicular accident which took place on 25.5.1998. It was the claimant's case before the Tribunal that he is a cultivator by profession and owns irrigated land. He earns net income of Rs. One Lakh per annum. From his dairy business, he earns income of Rs.2,000/per month. The monthly income of the claimant is Rs.10,000/. The claimant is 60 years old.