1. The respondent no.1 herein, original applicant, had preferred claim petition being M.A.C.P. No.438/1995 before the Motor Accident Claims Tribunal (Aux.), Rajkot at Gondal claiming total compensation of Rs.3.00 Lacs in connection with the vehicular accident that took place on 05.10.1995 involving an ST Bus bearing registration No. GJ-1-Z-3697 belonging to the appellant-Corporation. The said claim petition was allowed in part, by judgment and award dated 09.12.1999, whereby, the respondent no.1-claimant was awarded total compensation of Rs.1.60 Lacs along with interest at the rate of 12% per annum from the date of application till its realization.
2. Being aggrieved by the impugned award, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties. It has been mainly contended on behalf of the appellant-Corporation that the Tribunal seriously erred in deciding the issue of negligence and in also awarding total compensation of Rs.1.60 Lacs under difference heads in the absence of cogent evidence on record.
4. It appears from the record that the driver of the ST Bus left the place of accident immediately after the accident in question took place. Before the Tribunal, it was the say of the driver of ST Bus that the accident was caused by a Truck and not the ST Bus. However, the oral evidence of the claimant and the conduct of the ST Bus driver of fleeing the place of accident, immediately after the accident had taken place, shows that it was the ST Bus which was responsible for the accident. Considering the evidence on record, I am of the view that the Tribunal has rightly held the driver of ST Bus solely negligent for the accident.
5. So far as the aspect of income is concerned, the Tribunal has assessed the monthly income of claimant at Rs.2,400/-. It appears that before the Tribunal it was agreed by both the sides that the monthly income of the claimant be fixed at Rs.2,000/-. On that basis, the Tribunal assessed the prospective monthly income of the claimant at Rs.2,400/-, which, in my opinion, is just, reasonable and appropriate. But, so far as the amount of Rs.25,000/- awarded under the head of Pain, shock and suffering is concerned, it does not appear from the record that the claimant was hospitalized for a period of more than twenty days. Considering the fact that reasonable amount has been awarded under the head of future loss of income, I am of the view that it would be appropriate to awarded Rs.7,500/- under the head of pain, shock and suffering instead of Rs.25,000/-. Thus, only under the head of pain, shock and suffering, the compensation awarded by the Tribunal deserves to be reduced.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that respondent no.1, original applicant, shall be entitled for total compensation of Rs.1,42,500/- [Rupees One lac forty two thousand five hundred only], along with interest, as awarded by the Tribunal. The excess amount of Rs.17,500/- shall be refunded to the appellant-Corporation. 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/* Top