The court established that a qualified mechanic's income must reflect their potential earnings and adjusted the compensation awarded by the Tribunal, ensuring just remuneration for injuries sustained.

JUDGMENT :

Mool Chand Tyagi, J.

1. The captioned appeal is filed against the impugned judgment and award dated 11.12.2008 passed by the Motor Accident Claims Tribunal (Aux), 1^st Fast Track Court at Nadiad in Motor Accident Claim Petition No.684 of 1997, whereby the learned Tribunal has awarded a sum of Rs.1,49,500/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.

2. The succinct facts leading to file the present appeal is that on 29.01.1997, the original claimant/appellant herein along with his friend namely Kalpeshbhai was going to their house on scooter, when they were proceeding on the road parallel to the railway track between Mahemdabad and Ahmedabad, in the meantime, the respondent No.1 came with his matador bearing registration No.GJ-7-X-5938 in rash and negligent manner at an excessive speed so as to endanger the human life and hit the scooter. In the said accident, the appellant and his friend sustained grievous injuries and he was taken to the hospital where he remained admitted as an indoor patient for a long period. It is also the case of the appellant that at the time of accident the appellant was aged about the 23 year and he was earning a sum of Rs.6,000/- per month from the work of repairing the tractor, rickshaw and scooter etc. It is also the case of the appellant that the appellant was qualified mechanic as he completed his ITI and he was educated up to 12^th standard. It is also the case of the appellant, in the said accident, the appellant sustained the fracture in right leg and he has also sustained the other injuries. Therefore, the appellant filed the claim petition before the learned Tribunal for seeking the compensation of Rs.10,00,000/-.

3. On being served with the notices of the claim petition, the respondent No.2- United India Insurance Company Limited filed the written statement at Exh-21 thereby denying all the averments made in the claim petition and prayed for dismissal of the claim petition. The respondent No.4- Insurance Company had not filed any written statement.

4. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh-26.

“1. Whether the applicant proves that the applicant sustained injuries owing to the rash and negligent driving of the driver of the respondent No.1 involved in the accident?

2. Whether the applicant is entitled for compensation? If yes, from whom and what amount?

3. What order and award?”

5. In order to prove his claim, the appellant had led following oral as well as documentary evidences before the learned Tribunal:-

6. The respondents have not led any evidences in support of their defence.

7. Having considered the material on record, the learned Tribunal has awarded a sum of Rs.1,49,500/- as a compensation along with the interest at the rate of