By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original claimant has challenged the judgment and award dated 16th December 1998 passed by the Motor Accident Claims Tribunal (Aux.), Gondal in MAC Petition No.453 of 1990 whereby the claim petition has been allowed partly. 2 The brief facts giving rise to the present appeal are to the effect that the claimants were travelling in Matador bearing No.GTJ 7242 on 9th August 1990 for going to Rajkot. It is the case of the claimant that when said Matador reached near Pithadia Byepass on Jetpur Virpur National Highway at about 2.30 PM, the said Matador was dashed by the offending tanker bearing No.GTX 2647 due to which he received serious injuries which resulted into permanent disability. The claimant has therefore filed aforesaid claim petition claiming compensation of Rs.10 lakhs on various grounds.
3 The Tribunal considered the income of deceased at Rs.1500 per month and as the applicant has sustained 100% whole body disability the future economic loss was considered at Rs.18,000 per month. The Tribunal by applying the Multiplier of 15 awarded Rs.2,70,000 under the head of future economic loss. The Tribunal has also awarded Rs.50,000 under the head of Pain, Shock and Suffering, Rs.18,000 under the head of actual loss of income, Rs.25,000 under the head of loss of amenities of life, Rs.10,000 towards medicines, Rs.25,000 towards attendant charges, Rs.10,000 towards transportation charges and Rs.5,000 under the head of nutritious food and special diet. Thus, in all, Rs.4,13,000 was awarded to the appellant, against which this appeal is preferred by the appellant claiming for enhancement.
4 Having heard the learned counsel for the parties and having gone through the record, I am of the opinion that the reasoning adopted and findings recorded by the Tribunal are just and proper and no interference is called for. The appeal has no merits. Hence, the same is dismissed.
(K.S.Jhaveri, J.) *mohd