1. This appeal has been preferred against the judgment and award dated 01.10.1996 passed by the Motor Accident Claims Tribunal, Jamnagar in M.A.C.P. No.19/1991 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.15,000/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.
2. The facts in brief are that on 31.08.1990 at around 1630 hrs. while the appellant herein, original claimant, was returning home on his motor-cycle bearing registration No. GYH 6247, a Truck bearing registration No. GJ-10-880 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3- Insurance Company, dashed the motor-cycle. As a result of the above accident, the appellant fell down and sustained severe bodily injuries. He filed the claim petition before the Tribunal claiming compensation of Rs.2.00 Lacs, which came to be partly allowed, by way of the impugned award. Being dissatisfied with the award, the appellant has preferred the present appeal for enhancement.
3. Heard learned counsel for the respective parties. When the matter was taken up for hearing, learned counsel for the appellant fairly conceded that he would not be in a position to assail the impugned award on merits. He, however, submitted that the Tribunal assessed the percentage of negligence between the motor-cyclist and Truck driver at 40 : 60 but, while awarding compensation, the Tribunal erroneously deducted 60% amount from the total compensation.
4. In view of the admission made by learned counsel for the appellant, I am not discussing the evidence on record in detail and accordingly, confirm the reasonings and findings recorded by the Tribunal in the impugned award. However, while computing compensation, I find that the Tribunal committed an arithmetical in awarding only 40% of the total compensation instead of 60%. The Tribunal ought to have deducted Rs.15,000/- from the final amount of compensation, i.e. Rs.37,500/-, and awarded the balance amount of Rs.22,500/-. Therefore, the appellant shall be entitled for additional compensation of Rs.7,500/-.
5. In the result, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant shall be entitled for additional compensation of Rs.7,500/- [Rupees Seven thousand five hundred only] along with interest at the rate of 7.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.]
Pravin/*