This First Appeal is at the instance of the Transport Manager, Ahmedabad Municipal Transport Service, the owner of the offending vehicle, and is directed against an award dated June 15, 2001 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP Case No.780 of 1996 thereby awarding a sum of Rs.2,01,000/- as compensation with interest at the rate of 10% per annum from the date of filing of the claim application till its realisation. 2. Being dissatisfied, the owner of the vehicle has come up with the present appeal.
3. There is no dispute that, on consideration of the evidence on record, the Tribunal came to the conclusion that due to negligence on the part of the driver of the offending vehicle, the claimant suffered injury as a result of which he became physically disabled to the extent of 24%. He was aged 42 years at the time of accident and was serving as a Laboratory Assistant and used to earn a sum of Rs.6,500/- a month.
4. According to the medical certificate, the claimant sustained depressed fracture through frontal bone for which he was assessed to be disabled by 24% for the body as a whole. It appears that due to head injury, he was admitted in the V.S. Hospital and was in unconscious state. He was operated for elevation and incision of the depressed fracture fragment. He remained unconscious for few days and was discharged on September 7, 1996, although the accident occurred on August 12, 1996. It further appears that he was asked to undergo follow up treatment and was actually given treatment for about 18 months thereafter. It further appears that he had mild memory loss and was suffering from continuous headache. Taking into consideration the potential monthly earning capacity of the claimant to be Rs.5,000/- and 20% disability, the Tribunal was of the view that it was a fit case where a sum of Rs.2,01,000/- should be given by way of compensation.
5. After hearing the learned counsel for the parties and after taking into consideration the aforesaid fact where due to gross negligence on the part of the driver of the offending vehicle an otherwise fit person aged 42 became disabled to the extent of 24% and, at the same time, had undergone a long treatment of about 2 years, I do not find any reason to interfere with the amount of Rs.2,01,000/- as compensation. The amount awarded by the Tribunal is quite reasonable and in arriving at such a conclusion, the Tribunal took into consideration the entire evidence on record and applied the correct principles of law which are applicable to the facts of the present case.
6. The appeal filed by the owner of the vehicle is, thus, devoid of any substance and is accordingly dismissed. No order as to costs.
7. The claimant is free to withdraw the amount which is lying in deposit with the Tribunal pursuant to the earlier order passed by this Court while admitting the appeal. Let lower court record be sent back to the Tribunal with this order.
(BHASKAR BHATTACHARYA, CJ.) zgs