1.0 This appeal is directed against the judgement and award dated 15.11.2000 passed by the learned Motor Accident Claims Tribunal ( Aux II), Kachchh at Bhuj in Motor Accident Claim Petition No. 405 of 1992 wherein the learned Tribunal has partly awarded a sum of Rs. 1, 95, 000/ to the original claimant together with interest @12% per annum from the date of the claim petition till realization.
2.0 The appellant was a cleaner in Truck No. GJ T 639. On 18.4.1992 he was going to Deesa from Jamnagar. When the truck reached near village Gangodar on Bhachau – Deesa Highway, the truck turned turtle and the claimant sustained injuries. He therefore filed the aforesaid claim application wherein the aforesaid award came to be passed. This appeal is at the instance of the original claimant for enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that the Tribunal erred in not fully allowing the claim petition; that the learned Tribunal erred in assessing disability as75%; that the income taken by the Tribunal is on lower side and that the Tribunal ought to have awarded compensation under other various heads.
4.0 Considering the evidence on record it was found that the claimant sustained injury of Residual hemiplegia (R) and therefore there is a permanent disability to the extent of 75%. This is as per medical certificate at Exh.35 and 36. According to the claimant his income was Rs.1500/ per month. Therefore considering 75% disability a sum of Rs.1000/ was taken which is just and proper. Further looking to his age the Tribunal has adopted a multiplier of 15 which cannot be said to be on lower side. The Tribunal has also awarded a sum of Rs.15000/ on account of pain, shock and suffering, etc. Though the learned Advocate argued that amount should be awarded under separate heads, this court is not inclined to accept the same as the Tribunal has awarded sufficient compensation.
5.0 I am therefore in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S. JHAVERI J.) niru*