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Ramcharan Mehtasing Ghelot & 5 ­ Defendants

High Court Of Gujarat|21 February, 2012
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JUDGMENT / ORDER

1. In respect of the vehicular accident that took place on 11.07.1992 involving a Jeep bearing registration No.GJ-17-9994, the appellant, original claimant, had preferred M.A.C.P. No.1574/1992 before the Motor Accident Claims Tribunal, Panchmahals. The said claim petition was allowed in part by judgment and award dated 27.01.2000 whereby, the appellant was awarded total compensation of Rs.3,49,000/- along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.
2. Heard learned counsel for the appellant and learned counsel for respondent no.3. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the lower side, more particularly, the monthly income ought to have been assessed at Rs.4,000/- instead of Rs.2,500/-. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are appropriate and also in consonance with the evidence on record and the law on the subject. So far as the assessment of income made by the Tribunal is concerned, it appears that the appellant had not produced any documentary evidence on record to prove her income. In the absence of cogent evidence on record, I concur with the assessment of notional monthly income at Rs.2,500/- made by the Tribunal and the final compensation awarded. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
3. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
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Title

Ramcharan Mehtasing Ghelot & 5 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
21 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Um Shastri