1.0 This appeal1 is directed against the judgement and award dated 01.02.1991 passed by learned Motor Accident Claims Tribunal (Auxi), Sabarkantha at Himmatnagar in Motor Accident Claim Petition No.135 of 1987 wherein the Tribunal has awarded a sum of Rs.41000/- along with interest at the rate of 12% form the date of application till its realization.
2.0 On 06.11.1986 the claimant who was minor at that time was standing near a shop situated near Bhiloda Bus stand. At that time a jeep came and knocked him down as a result of which he sustained fractures and had to take prolonged treatment. He therefore filed the aforesaid application claiming a sum of Rs.100000/- wherein the aforesaid award came to be passed. The presents appeal is at the instance of the original claimant for enhancement.
3.0 Learned Advocate for the appellant submitted that the appellant is a brilliant student and he would have earned Rs.1000/- per month had there been no disability suffered by him; that the Tribunal erred in taking only Rs.400/- per month as notional income; that the claimant was required to spend Rs.500/- per day for medical treatment; that he had to engage special vehicle every fortnight for treatment; that he had to spend higher amount for medical treatment; that the amount awarded under the head of pain, shock and suffering should have been Rs.25000/- and that the Tribunal ought to have awarded the amount as claimed by the Tribunal.
4.0 As regards the income is concerned, the claimant was in 4th standard and he was not earning. No details about his study and about the family were available. There is no basis to say that he was a brilliant student and he would have earned Rs.1000/- per month. Therefore the Tribunal has rightly taken the notional income at Rs.400/- per month.
5.0 The claimant was in hospital for 49 days. The Tribunal, considering the overall expenses awarded a sum of Rs.10000/- which is just and proper. Though some entries are shown,the Tribunal did not believe the same as it appeared that it has been written on one sitting. The Tribunal has also awarded a sum of Rs.7000/- for mental pain, shock and suffering and Rs.600/- for transportation charges. I am of the view that the said amounts are just and proper.
6.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. Hence the appeal is dismissed.
(K.S.JHAVERI, J.) niru* Top