1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 29.11.2001 passed by the Motor Accident Claims Tribunal (Aux), Rajkot at Gondal in Motor Accident Claims Petition No. 375 of 1993 so far as the Tribunal awarded only Rs. 42000/- as compensation with interest at 9% per annum.
3. The appellant had filed claim petition seeking compensation to the tune of Rs. 1 lakh for the injuries and permanent partial disablement of the appellant and damages of the goods in the vehicular accident which occurred on 07.03.1993 at Ambli Street, Gondal while the original opponent no. 1 who was driving the offending vehicle bearing registration no. GJ-3T-9313 hit the appellant. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Bhatt, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding adequate amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the appellant and the disability. He has submitted that the Tribunal ought to have awarded more than Rs. 54000/- towards future loss of income to the original claimant.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no.
1. The Tribunal has assessed the disability of the whole body at 15%. The Tribunal also assessed the monthly income of the appellant at Rs. 1000/-. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 42,000/-. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//