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Bavaji Janakgiri Santigiri & 2 ­ Defendants

High Court Of Gujarat|10 January, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 05.08.1995 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in M.A.C.P. No.530/1988 whereby, the claim petition was partly allowed to the extent that the appellant, original claimant, was awarded total compensation of Rs.21,200/­ along with interest at the rate of 15% per annum from the date of application till its realization and proportionate costs only as against the total claim of Rs.50,000/­.
2. The facts in brief are that on 23.07.1988 at around 1630 hrs. while the appellant herein along with two other persons were travelling along with their goods in a Truck bearing registration No. GTX 2581, driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3, the driver lost control over the Truck and it dashed a tree situated on the side of the road. As a result thereof, the appellant sustained severe bodily injuries. He filed the claim petition before the Tribunal claiming compensation of Rs.50,000/­ along with interest and costs. However, the said claim petition came to be partly allowed by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the appellant and learned counsel for the respondent­Insurance Company. None appears on behalf of respondents no.1 & 2 though served. From the record, it appears that the appellant was aged about 50 years at the time of accident and was earning Rs.1,300/­ per month by working as a Teacher. The medical evidence shows that he had sustained permanent disability to the extent of 12% for the bodily as a whole. Considering the factual aspects of the case, the Tribunal assessed the future loss of income at Rs.7,200/­, Rs.6,500/­ towards pain, shock and suffering, Rs.3,100/­ towards medical treatment and Rs.4,400/­ towards actual loss of income. Having gone through the records of the case, I find that the compensation awarded to the appellant is in accordance with the law on the subject and the evidence available on record. I am in complete agreement with the reasonings given by the Tribunal while awarding the compensation in question.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
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Title

Bavaji Janakgiri Santigiri & 2 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
10 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Shakeel A Qureshi