[1] By way of this appeal, the appellant has challenged the judgment and award dated 17.08.2000 passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claims Petition No.335/1998 whereby the learned Tribunal allowed the petition and awarded compensation in sum of Rs.1,89,000/- along with interest at the rate of 12% p.a from the date of filing the petition till realization.
[2] The facts of the present case are that on 6.1.1998, while the claimant had gone for nature's call and was sitting beside the road at about 8.30 a.m., at that time, S.T. Bus driver drove his S.T. Bus bearing Registration No.GJ-18-V-575 in rash and negligent and in excess speed and fell into a ditch where the claimant was sitting and hit the claimant, causing him serious injuries and, therefore, he filed claim petition bearing M.A.C.P. No.335/1998 before the Tribunal claiming compensation of Rs.2,50,000/-.
[3] Heard learned advocate for the respective parties.
[4] Learned advocate for the appellant submitted that the vehicle of the Corporation is not involved in the said accident. He submitted that the compensation amount is on higher side. He further submitted that at the relevant time, one girl appeared on the road all of a sudden and in order to save the girl, S. T. Bus driver applied the brake and hence, the bus skidded from the road and fell into the ditch. He therefore submitted that the appeal is required to be allowed and the impugned judgment and award is required to be quashed and set aside.
[5] Learned advocate for the respondent opposed the present appeal and submitted that the appeal be dismissed with costs.
[6] Having heard learned advocates for respective parties and perused the evidence on record. Considering the facts and circumstances of the case, it appears that the Tribunal has awarded compensation is just and proper. The Tribunal, while considering the evidence, has observed in paragraph No.15 which reads as under:-
“Looking to the facts, evidence and circumstances of the case, prospective income of the injured can be assessed at Rs.3,000/-
p.m. and bearing in mind his 25% disability body as a whole it can be said that he sustained economic loss of Rs.750/- p.m which would be Rs.9000/- p.a. Looking to the age of the injured petitioner, he can be awarded a multiplier of 16 years and the datum figure would be Rs.1,44,000/- under the head of economic loss due to disability. Thus, the petitioner can be awarded compensation under following different heads :-
Rs.1,44,000/- economic loss due to disability.
Rs. 10,000/- mental agony, pain shock and suffering. Rs. 25,000/- medical expenses, transportation charges, attendance charges, special diet etc.
Rs. 10,000/- actual loss of income.
Rs.1,89,000/- Total ========
[7] In above view of the matter, I am of the considered opinion that the Tribunal was completely justified in awarding the compensation in favour of the claimant. I find that the findings recorded by the Tribunal are absolutely just and proper and in recording the said findings, no error is committed by the Tribunal.
[8] I am, therefore, in complete agreement with the findings, ultimate conclusion recorded by the Tribunal and hence, I find no reasons to interfere with the same and the appeal is therefore devoid of merits. Hence the appeal is dismissed accordingly.
[ K. S. JHAVERI, J. ] vijay