By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimant has challenged the judgment and order dated 20th July 2000 passed by the learned Motor Accident Claims Tribunal (Main), Amreli in MAC Petition No.284 of 1996 whereby the Tribunal has awarded Rs.4,01,200 to the claimants as against their claim of Rs.5,00,000. 2 The short facts of the present appeal are that the claimant was going towards his house through field along with his bullock cart on 29th April 21996. When the said bullock cart reached Lathi- Chavand Road, at that time, a luxury bus bearing No.GJ-7-T-4442 came from the back side in a rash and negligent manner and dashed with the bullock cart due to which the cart was broken and one bullock died on the spot. The claimant also received multiple injuries due to which he lost his consciousness. He was removed to Government Hospital at Lathi and thereafter to Civil Hospital at Amreli and further to Gondhia Hospital at Rajkot. He sustained injury on his spinal cord. He was hospitalised for the period for a period of two and half months. He therefore filed claim petition claiming the compensation of Rs.5,00,000.
3 The learned Judge of the Tribunal considering 60% whole body disability of the appellant and considering the monthly income of the appellant at Rs.3000/- arrived at Rs.1800 as his monthly loss and by applying the multiplier of 16 awarded Rs.2,59,200/- under the head of future economic loss. Over and above, he has awrded the following amounts:
4 While granting 60% whole body disability, the Tribunal has observed as under:-
“I have carefully gone through the disablement certificate issued by Dr. Bhavesh Dave vide Ex.43 wherein Dr. Dave has very specifically mentioned in his disablement certificate as under:
'Post traumatic weakness of (R) upper & (R) lower limb (Hemiparesis R).
40% permanent disability.
Cash Brace & Stick support, H/o V.A on 29.04.1996 & sustained injury over cervical spine & Head.
At present -
1. Cash brace & stick support.
2. Hemiparesis (R)”
The claimant has produced disablement certificate issued by Dr N.P. Trivedi, Ashok Gondhia Memorial Trust, Rajkot along with list vide Ex.26 wherein permanent partial disablement has been assessed 40%.
In view of expert opinion of Dr Bhavesh Dave as well as I have also seen condition of injured claimant and considering the fact that the injured was previously doing agricultural work. He is having 70 bighas of agricultural land. He was cultivating the same personally. Therefore, it is just, proper and reasonable to assess 60% permanent partial disablement as a body whole. I have also seen that the claimant is not able to sit without the help of belt. He is not able to stand without the help of stick.”
Considering the reasoning adopted by the Tribunal is just and proper and no interference is called for. The appeal has no merits and therefore the same deserves to be dismissed and is dismissed accordingly with no order as to costs.
(K.S.Jhaveri, J.) *mohd