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Judgment
K.S. Jhaveri, J.—This appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal, Palanpur in M.A.C.P. No. 485/1989 dated 02.05.1998, whereby, the said claim petition was partly allowed. By way of this appeal, the Appellant has prayed for enhancement of the amount of compensation.
The facts in brief are that on 23.05.1989 while the Appellant was proceeding towards his garage by foot situated on the high-way road, an auto-rickshaw bearing registration No. GRO-184, driven by Respondent No. 1 herein, dashed him from the behind. As a result of the said accident, the Appellant sustained bodily injuries and he was taken to the Hospital for necessary treatment. Thereafter, the Appellant filed the claim petition before the Tribunal claiming compensation of Rs. 2,00,000/-. However, the same came to be partly allowed by way of the impugned award. Hence, this appeal for enhancement of the amount of compensation.
Heard learned Counsel for the respective parties and perused the documents on record. The main submission of learned Counsel for the Appellant is that the Tribunal has not properly assessed the income of the Appellant while calculating the amount of compensation. However, I do not find much substance in the submission made by the learned Counsel since the Certificate (Exhibit-56) produced in support of the income of the Appellant is of a subsequent date. Therefore, the said document cannot be taken into consideration. The Tribunal has awarded the amount by assessing the monthly income of the Appellant at Rs. 900/-. In the claim petition itself, the Appellant has stated that his monthly income was Rs. 900/-.
Looking to the facts of the case and the evidence produced on record, the compensation awarded by the Tribunal is just, appropriate and legal. The Appellant has not made out any case for enhancing the amount of compensation. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal in the impugned award and hence, find no reasons to interfere with the same.
For the foregoing reasons, the appeal is dismissed. No costs.