By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and order dated 8th August 2000 passed by the learned Motor Accident Claims Tribunal (Aux.1), Ahmedabad at Ahmedaba in MAC Petition No.25 of 1994 whereby the Tribunal has awarded Rs.63,741 to the claimants as against the claim of Rs.2 lakhs. 2 The short facts of the present appeal are that the claimant has filed the aforesaid claim petition contending that on 2nd September 1993 while he was going on his scooter bearing registration No.GJ1 AA 2881 at about 2.45 PM and reached near Circle, opposite Devraj & Company, at that time original opponent No.1 came there driving truck bearing No.GQA 7515 in a rash and negligent manner and dashed with the scooter of the applicant because of which he fell down and received grievous injuries. He, therefore, filed aforesaid claim petition claiming compensation from the respondents jointly and severally.
3. The Tribunal after considering the evidence on record has awarded Rs.63,741 to the claimant as against his claim of Rs.2 lakhs. Feeling aggrieved by the same, the present appeal is filed by the original claimant for enhancement.
4. While deciding the claim petition, the Tribunal has observed in paragraph 14 to the effect that he was drawing Rs.2000 per month as per the pay slip issued by the employer of the claimant and as the claimant has sustained 15% disability, by adopting the multiplier of 5 awarded Rs.18,000 under the head of future economic loss. The Tribunal has also awarded Rs.7500 under the head of pain, shock and suffering; Rs.31,241 under the head of medical treatment and expenses; Rs.4,000/- under the head of actual loss of income and Rs.3,000 towards combined heads of special diet, conveyance charges, etc. Thus, in all, Rs.63,741 has been awarded by the Tribunal. The Tribunal has not considered the aspect of future prospects as there is no abstract percentage of loss of earning capacity and the appellant is discharging his duties on the same post and that too without any stigma.
5 Considering the reasoning adopted by the Tribunal, the same 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