1.0 This appeal is directed against the judgement and award dated 20.06.2005 passed by learned Motor Accident Claims Tribunal (Auxi), Vadodara in Motor Accident Claim Petition No. 227 of 1998 wherein the Tribunal has awarded a sum of Rs.99268/ by way of compensation along with interest at the rate of 9% per annum from the date of claim petition upto December2000 and thereafter at the rate of 6% per annum upto deposit or realization.
2.0 On 14.07.1997 the original claimant and another person were traveling on motor cycle. At that time a jeep came and collided with the motor cycle as a result of which the claimant fell down and sustained injuries. Hence he filed the aforesaid claim petition wherein the impugned award came to be passed.
3.0 Learned Advocate for the appellant assailed the judgement on various grounds contending that the award under each head is erroneous and that the multiplier should have been applied of 5 years.
4.0 As regards the accident in question there is no dispute about the same. The claimant was in hospital for a very long time and he could not work for three months and therefore the amount of Rs.25000/ under the head of pain, shock and suffering is just and proper. Since the claimant could not work for three months, considering his income of Rs.3900/, a sum of Rs.11700/ was awarded. This is the actual loss of income. The disability is considered at 7.5% which cannot be said to be unreasonable. In view of the age of the claimant at 34 years, multiplier of 17 was taken, which also cannot be said to be unreasonable. Looking to the prolonged treatment the award towards medicines at Rs.3000/ is also reasonable.
5.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out to cause interference. Hence the appeal is dismissed with no order as to cost.
(K.S.JHAVERI, J.) niru*