1.0 This appeal is directed against the judgement and award dated 18.02.1997 passed by the Motor Accident Claims Tribunal No. III ( Aux.), Ahmedabad in Motor Accident Claim Petition No. 470 of 1989 wherein the Tribunal has awarded a sum of Rs.104324/- along with interest at the rate of 12% per annum from the date of claim petition till realization.
2.0 On 21.08.1989 at about 10.00 A.M. claimant was going on his bicycle to resume his duties. At that point of time, an Ambulance Van bearing No. DDP/8560 dashed with the claimant from the rear side. As a result of this, the claimant was fell down on the road and the ambulance van ran over right hand of the claimant and therefore, the claimant sustained injuries. He took prolonged treatment. The claimant therefore filed the aforesaid claim petition wherein the impugned award came to be filed which is challenged in the present appeal.
3.0 Learned advocate for the appellant contended that the claimant in his cross-examination has admitted that he has not to lift any weight in discharge of his duties. He has also admitted that he has not been given any reprimand or warning by the bank for his work. There is no evidence that it has affected his earning or his earning capacity.
4.0 She further submitted that the learned Tribunal in his own finding held that certificate of Dr. Shah at Exh. 205 does not inspire any confidence. Inspite of that, the disability of 20% is assessed and that the interest rate of 12% is on higher side.
5.0 Learned advocate for the respondents supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
6.0 Heard learned advocates for the parties and perused the documents on record. As far as disability is concerned, Dr. Shah mentioned in certificate "total permanent disability at 62.5%. However, Dr. Shah has not clarified whether it is functional or body as a whole. Similarly he has not made any note at the time of assessment or the examination of the claimant. It may be noted that for assessing the loss of muscle strength the muscle chart is required to be taken and according to the book of Kessler by spring method the precise measure can be made which admittedly Dr. Shah has not applied. Considering the above facts, the learned Tribunal has rightly assessed the disability to the extent of 20%.
7.0 The interest of 12% on the awarded amount is just and proper and the same is not disturbed.
8.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out. The appeal is therefore dismissed with no order as to costs.
9.0 However, the amount if any, lying with the Registry of this Court shall be transmitted to the the concerned Tribunal forthwith.
(K.S.JHAVERI, J.) niru* Top