1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 30.01.1997 passed by the Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claims Petition No. 230 of 1991 so far as the Tribunal awarded only Rs. 69,958/- as compensation with interest at 12% per annum.
3. It is the case of the appellant that on 29.11.1990 while the appellant was trying to board S.T. bus bearing registration no. GQE 8529, the bus was driven by the original opponent no. 1 suddenly, as a result of which the appellant fell down and sustained injuries on various parts of the body. The appellant therefore filed claim petition to the tune of Rs. 2,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Ms. Renu Singh, learned advocate appearing for Mr. Ravani for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding adequate amount under various heads. She submitted that the Tribunal has wrongly assessed the income of the appellant and the disability and also awarded lesser amount under the heads of pain, shock and suffering and medical expenses.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no.
1. The Tribunal has assessed the disability of the whole body at 35% as per the purshish Ex. 20. The Tribunal also assessed the monthly income of the appellant at Rs. 1000/- which is admitted by the appellant. The Tribunal has finally quantified the amount of compensation at Rs. 69,958/-. Considering the medical bills and the days of hospitalization etc., the Tribunal has justifiably awarded compensation under the heads of pain, shock and suffering and medical expenses. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference. Nothing is pointed out before this Court to take a contrary view.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//