JAYANTILAL TRIBHOVANBHAI Vs. KIRIT M. SHAH AND ORS.

JUDGEMENT

(1.) The Appellant Jayantilal Tribhovanbhai who was minor at the time of this incident which took place on 8.1.1979 was injured while passing on the road when he was knocked down by motor car No. MRG 6325 which was being driven by Respondent No. 1, Kirit Manilal Shah. The Appellant sustained serious injuries. The father of the Appellant as his guardian and next friend filed an application before the Motor Accidents Claims Tribunal at Narol for compensation claiming Rs. 25,000.00 as compensation. The Appellant claimed lump sum amount of Rs. 25,000.00. The learned Assistant Judge, Narol presiding over that Tribunal awarded in all Rs. 12,000.00 as compensation under different heads as stated below: <FRM>JUDGEMENT_25_LAWS(GJH)6_1985.html</FRM>

(2.) The learned Tribunal took the monthly income of the Appellant as Rs. 100.00 per month even though the case of the Appellant was that he was earning about Rs. 200.00 by doing miscellaneous labour work. The opponents, of course, raised a contention that he was not earning that much amount, but there was evidence on oath on the side of the Appellant that the Appellant was earning about Rs. 200.00 per month.

(3.) In these days, the say of the Appellant that he was earning Rs. 200.00 per month cannot be said to be unreasonable. The learned Tribunal has simply, after narrating the rival contentions of the parties, stated that the earning must be fixed at Rs. 100.00 per month. The learned Tribunal has arbitrarily fixed the amount of Rs. 100.00 per month.