By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original claimant has challenged the judgment and order dated 31st March 1992 passed by the learned Motor Accident Claims Tribunal (Aux), Bharuch in MAC Petition No.866 of 1986 whereby the Tribunal has partially allowed the claim petition filed by the claimants and awarded Rs.47,700 as against the claim amount of Rs.1,50,000/-. 2 The short facts of the present appeal are that on 16th January 1986 the claimant and other family members were travelling in the ST Bus bearing No.GRT 8052. When the said Bus reached near Karjan Dam, because of rash and negligent driving on the part of the Driver of the bus, it met with the accident due to which several passengers received grievous injuries while some of them had died during the course of treatment. The claimant has also sustained serious injuries and was treated as an indoor patient at SSG Hospital, Vadodara for 3 days. He, therefore, filed the aforesaid claim petition claiming total compensation of Rs.1,50,000/-.
3 Heard learned counsel for the parties and perused the record.
4 Considering the evidence on record, the Tribunal has awarded the following amounts to the claimant:
Pain, Shock & Suffering Rs. 8,000 Economic Loss Rs.19,200 Loss of Past income Rs.12,000 Medical, Attendant, Conveyance Rs. 8,500 ======= Total Rs.47,700
5 Mr Hasurkar, learned counsel for the appellant has argued that the Tribunal has committed an error in awarding Rs.8,000 towards Pain, Shock and Suffering and it should have awarded Rs.35,000 under that head. He has next contended that the Tribunal ought to have considered that the claimant sustained 40% disability.
6 Learned counsel for the respondent – Corporation has supported the judgment and award of the Tribunal and submitted that no interference is called for.
7 Looking to the evidence brought on record, the Tribunal has correctly assessed the disability at 5%. In absence of any medical evidence which has been brought on record, the Tribunal has correctly decided the matter. Therefore, it is difficult to take a contrary view of the matter. Hence, no case is made out to interfere with the matter. The appeal is devoid of any merits. No interference is called for. Hence, dismissed.
(K.S.Jhaveri, J.) *mohd