1. This appeal has been preferred against the judgment and award dated 22.01.1996 passed by the Motor Accident Claims Tribunal [1], Ahmedabad in M.A.C.P. No. 48/1991, whereby the claim petition was partly allowed and the original claimants was awarded total compensation of Rs.25,000/- along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 12.01,1991 at around 0320 hours, while the appellant was crossing the road near Raipur, at that time, the driver of the rickshaw bearing no. GJ-1-T-1020, in a rash and negligent manner dashed the appellant. As a result of which, the appellant sustained severe bodily injuries. Later on, the appellant filed claim petition, which came to be partly allowed, by way of the impugned award. This appeal is filed for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. 4. From the record it appears that the appellant himself had produced the pan card [Exhibit-47] issued on 18.12.1991 by the Income Tax department allotting him the permanent income tax number. The said card was issued on the application given by the appellant after the date of the accident. Thereafter, the appellant had also paid the advance tax in December, 1991. Meaning thereby, the income of the appellant must have been increased and that he had also paid the advance tax after the date of accident. Under these circumstances, by no stretch of imagination it could be said that the disability of the appellant had in any way impaired the earning capacity of the appellant. Considering the medical evidence on record, the Tribunal awarded Rs.2,000/- towards medical expenses, which is also just and reasonable.
5. In view of the above discussion, I find no merits in the present appeal. I am in complete agreement with the reasonings given by and the findings recorded by the Tribunal in the impugned award. Consequently, the appeal is dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top