1.0 This appeal is directed against the judgement and award dated 19.09.2000 passed by learned Motor Accident Claims Tribunal (Auxi), Sabarkantha at Himmatnagar in Motor Accident Claim Petition No.70 of 1991 wherein the Tribunal has awarded a total sum of Rs.45000/ along with interest at the rate of 12% per annum.
2.0 The claimant was proceeding from village Dhadalia to Modas on 03.11.1990 in a Jeep. At that time an S.T. Bus came from opposite side and dashed with the jeep as a result of which the claimant sustained serious injuries. He therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of the compensation.
3.0 Learned Advocate for the appellant submitted that the income taken by the Tribunal is on lower side and that looking to the long period of treatment the award of compensation should have been on higher side.
4.0 However, the claimant has not produced any proof with regard to his income. Having considered the overall facts and circumstances of the case the monthly income was taken at Rs.1000/ which is just and proper. The disability is assessed at 10% and learned Advocate for the appellant is not in a position to show anything from the record that the said assessment is wrong. Looking to his age a multiplier of 17 was taken. Therefore taking disability at 10%, the amount would come to Rs.120/ per month and Rs.1440/ per year and total loss of income would come to Rs.24480. The Tribunal has also awarded amounts under other heads which are just and proper and no interference is warranted.
5.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*