ABDULHAMIJ HAIDERSHAH Vs. PRAHLADJI BHAGAJI VIHOT

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants ­ original claimants have challenged the judgment and order dated 31st July 1996 passed by the learned Motor Accident Claims Tribunal, Ahmedabad (Rural) in MAC Petition No.164 of 1992 whereby the Tribunal has partially allowed the claim petition filed by the claimant.

(2.) THE short facts of the present appeal are that on 24th February 1989 the respondent original claimant was driving auto rickshaw bearing No.GRX 311 for coming to Ahmedabad. It is the case of the claimant that when the said rickshaw reached village Tailav on Sanand Sarkhej Road, the offending truck bearing No.GRW 3269 came from the opposite direction and dashed with the rickshaw due to which the claimant sustained serious injuries and was taken to VS Hospital in Ahmedabad. The claimant filed claim petition claiming compensation of Rs.4 lakhs contending that he was earning Rs.2500 to 3,000 per month by plying the rickshaw.

(3.) LEARNED counsel for the appellant submitted that the Tribunal has committed an error in considering the income of the appellant as Rs.1250 per month though he was earning Rs.2 to 3 thousand per month. He further submitted that the Tribunal has also erred in awarding Rs.5,000 towards medical charges.