R.M.CHHAYA,J. - (1.)Feeling aggrieved and dissatisfied with the impugned judgment and award dated 31.07.2010 passed in MACP No.1056 of 1996 passed by the Motor Accident Claims Tribunal (Auxi), Nadiad, the appellant original claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.
(2.)The following facts emerge from the record of the appeal. That the accident took place on 13.5.1996 at about 8.30 am. It is the case of the appellant that while he was standing near the Pan Shop situated near the ST stand, Tempo bearing registration no. GJ-7-T-7485 came from Mahudha Market side being driven in rash and negligent manner and dashed with the appellant who was standing on the side of the road. It is the case of the appellant that he sustained serious injuries. An FIR was lodged with the jurisdictional Police Station and present Claim Petition was filed claiming Rs.2,50,000/- as total compensation. It was the case of the appellant that he was 18 years old on the date of accident and was doing business of Barber and was earning Rs.2000/- per month. The appellant deposed before the Tribunal at Exh.54 and also relied upon the oral testimony of Dr.V.R. Sheth at Exh.70 and certificate at Exh.71 of Dr. V.R. Sheth and also relied upon the documentary evidence such as complaint at Exh.57, Panchnama at Exh.58, Chargsheet at Exh.61 and birth certificate at Exh.74. The Tribunal after appreciation of evidence on record, determined the income of the deceased at Rs.1750/- and relying upon the medical evidence both oral and documentary evidence, the Tribunal come to the conclusion that the appellant has incurred total disability of the body as a whole to the extent of 45%. Considering the age of the appellant, the Tribunal applied multiplier of 18 and awarded a sum of Rs.1,70,208/- as compensation under head of future loss of income. That the Tribunal also further awarded sum of Rs.25,000/- as compensation towards pain, shock and suffering and further awarded a sum of Rs.31,000/- under the head of medicines and medical treatment and Rs.6000/- under the head of transportation, special diet and attendant charges and Rs.7000/- towards actual loss of income and thus, awarded total compensation of Rs. 2,39,210/- (rounded off) with 9% interest from the date of filing of the Claim Petition till its realization. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant has preferred present appeal.
(3.)Heard Mr. Paresh Darji, learned advocate for the appellant and Mr. Sunil Parikh, learned advocate for the respondent Insurance Company. Though served, nobody appears on behalf of the other respondents.