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FA/3650/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3650 of 2005
==============================================================
MINOR
ASHABEN DEVJIBHAI MANKWANA - Appellant(s)
Versus
WAHABBHAI
GAFARBHAI QURESHI & 1 - Defendant(s)
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Appearance :
MR
ASHISH D OZA for Appellant(s) : 1,
None
for Defendant(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 27/12/2005
ORAL
ORDER
By
this appeal under Section 173 of the Motor Vehicles Act, 1988, the
appellant seeks to challenge the order dated 30.1.2003 of the Motor
Accident Claims Tribunal, Bhavnagar whereby the application of the
appellant was partly allowed and the respondents were ordered to pay
a sum of Rs. 13,000/- with interest thereon at the rate of 12%.
It appears from the impugned judgment that the appellant had
relied upon the medical certificate certifying the permanent
partial disability of 8% of the body as a whole and negligence of
original opponent No.1 in causing injuries to the appellant was
held to have been proved. The Tribunal awarded the lumpsum amount
of Rs. 13,000/- on account of medicines, loss of income, permanent
disability, pain and suffering and also awarded 12% interest from
the date of claim petition up to 31.12.2000 and 9% from 1.1.2001
till realization. The appellant has not relied upon any document
or evidence on record to even remotely suggest that any of the
conclusions or findings recorded by the Tribunal in the impugned
judgment were in any way perverse or illegal. Therefore, there
is no substance in the appeal and it is, accordingly, dismissed.
(D.H. WAGHELA, J.)
omkar
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