By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Kutch in Motor Accident Claims Petition No.303 of 1992, whereby the Tribunal has awarded Rs.1,51,000/- to original claimant with running interest at the rate of 9% p.a. from the date of the application till its realization and proportionate cost.
The facts of the case is that on 18.02.1992, original claimant Ashwinkumar was on duty as Police Constable and he was standing behind the Police Jeep No.GQX-944 and at that time, one truck bearing registration No.GJ-12-T-6279, driven by original opponent No.1 came in full speed and negligently and dashed with the original claimant. As a result, the appellant sustained several injuries. Therefore, the original claimant filed claim petition being Motor Accident Claims Petition No.303 of 1992 before the Motor Accident Claims Tribunal, Kutch for compensation.
The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
Learned counsel for the appellant has contended that the Tribunal has erred in assessing the disability of the original claimant as the disability was not proved. He has further submitted that the Tribunal also erred in allowing the compensation under the other heads.
Heard learned counsel for the appellant and perused the record.
Learned counsel for the appellant has mainly contended that the disability was not proved. Looking to the evidence produced on record before the Tribunal, Dr.Sureshchandra Amrutlal Doshi was examined vide Exh.59 and he had stated in his deposition that he himself had examined the claimant and according to his opinion the claimant sustain 50% bodily injuries, which can be considered at 30% for body as a whole. He has also described the injuries in his deposition. The injury certificate was also produced before the Tribunal vide Exh.60. Hence, in my opinion, the disability was satisfactorily proved by giving oral as well as documentary evidence. The Tribunal was also justified in awarding the compensation under the different heads. I am in complete agreement with the findings given by the Tribunal, therefore, no interference is called for. Hence, present appeal is dismissed.
[K.S.JHAVERI, J.] ..mitesh..
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