1.0 This appeal is directed against the judgment and award dated 07.05.2003 passed by learned Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) in Motor Accident Claim Petition No.1961 of 2000 wherein the Tribunal has awarded a sum of Rs.6,95,000/ along with interest at the rate of 9% per annum from the date of application till realization.
2.0 On 14.09.2000 the original claimant was traveling in S.T. Bus No.
GJ.18.V.2397 of the route of BhavnagarChuda. The bus stopped near Ranpur Police station to drop passengers and the claimant got down from the bus. After informing the conductor he climbed up the staircase of the bus to get down his bicycle from the top of the bus. When he was descending, the driver suddenly started the bus and the claimant fell down and sustained serious injuries which ultimately resulted into complete paraplegia. Hence the aforesaid claim petition came to be filed wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the income taken by the Tribunal is on higher side; that there was no disability certificate produced; that the claimant did not follow the instructions given by the doctor of V.S. hospital; and there was no basis for awarding the amount in question.
4.0 The original claimant was hospitalized for one month in civil hospital. Case papers are on record. One Dr. Maniar has deposed before the Court that the claimant has to live his rest life in bed and he will need one attendant permanently. He has assessed the permanent disability at 95%. It was argued that the claimant was cultivating land and earning Rs.35000/ to 40000/ per year. He has also produced extracts of 8A and 7/12 at Exhs.29 to 33. Looking to all the evidence on record the Tribunal has assessed his income at Rs.1500/. Looking to the condition the Tribunal has assessed the disability at 100%. Further since the claimant was about 30 years of old multiplier of 15 was taken. Thus the future loss of income came to Rs.2,70,000/.
5.0 Looking to the paraplegia and the total permanent disability for the whole life, the Tribunal has awarded a sum of Rs.3,00,000/ under the head of pain, shock and suffering and loss of amenities of life. Further the claimant was awarded a sum of Rs.15000/ towards medicines and treatment and Rs.15000/ towards special diet. Looking to the prolonged treatment the said sums are just and proper. His wife had attended him and therefore a sum of Rs.90000/ was awarded by taking Rs.500 per month i.e. Rs.500 x 12 x 15.
6.0 Considering the position of the claimant, especially in the entire life he will be crippled, I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal. Hence the appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*