1.0 This appeal is directed against the judgement and award dated 01.09.2007 passed by the learned Motor accident Claims Tribunal, Sabarkantha at Himmatnagar in Motor Accident Claim Petition No.635 of 2005 whereby the Tribunal has awarded a sum of Rs.47,785/ along with interest at the rate of 7.5% from the date of application till its realization.
2.0 The claimant had filed the aforesaid claim petition in respect of accidental injuries sustained by him in a vehicular accident wherein the aforesaid award came to be passed. This appeal is filed for enhancement of the compensation.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal erred in considering the annual income of the deceased upto 1455/ and not assigning any reasons coming on conclusion that the annual income of the claimant was Rs. 1455/ ; that learned Tribunal ought to have considered disability at 20% and ought to have awarded amounts towards pain, shock and suffering, special diet, transportation, attendant charges etc.
4.0 Learned advocate appearing for the respondents supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the documents on record. The Tribunal has considered the income as per the pay slip, according to which the amount came to Rs.1,455/ per month and therefore the Tribunal has taken the income at Rs.1500/. Nothing is pointed out to show that the said amount is erroneous or on lower side. Further, though the disability certificate is for 20%, the Tribunal has taken 10% on the body as a whole. This also cannot be said to be erroneous. Further the Tribunal has awarded Rs.10,185/ towards actual loss of income, Rs.5000/ towards pain, shock and sufferings and Rs.2000/ towards medical expenses. Learned advocate for the appellant has failed to persuade this Court to take a higher income on any ground.
6.0 I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and nothing is pointed out to take a contrary view. The appeal is devoid of merits and the same is dismissed accordingly.
(K.S.JHAVERI, J.) niru*