1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 31.05.2011 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 428 of 2010 so far as the Tribunal awarded only Rs. 70,952/- as compensation with interest at 7.5% per annum.
3. It is the case of the appellant that on 01.03.2010 while the appellant was riding a two wheeler bearing registration no. GJ-1 FH 6789, another two wheeler bearing registration no. GJ-1-LD-4358 being driven by the original opponent no. 1 in a rash and negligent manner came from the opposite side and dashed with the vehicle of the appellant as a result of which the appellant sustained injuries on various parts of the body. The appellant therefore filed claim petition to the tune of Rs. 3,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Hiren Modi, 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.
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 panchnama of the scene of accident is produced at Ex.
26. The Tribunal has assessed the disability of the whole body at 18% which is agreed between the parties. It would not be appropriate on the part of the learned advocate for the appellant to raise a contention at this stage that the disability assessed by the Tribunal is inappropriate when the both the parties had passed joint purshis at Ex. 46 and declared that the disability of appellant be considered at 18% in relation to body as a whole.
5.1 The Tribunal also assessed the notional income of the appellant at Rs. 15000/- per annum. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 70,952/-. 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//