R.R. Tripathi, J. - (1.) THE present First Appeal is filed by the appellant -original claimant being aggrieved by the judgment and award dated 31st December 2013 passed by the Motor Accident Claims Tribunal (Auxiliary), Court No. 19, Ahmedabad in Motor Accident Claim Petition No. 396 of 2001.
(2.) LEARNED advocate Mr. Bharat B. Shah vehemently submitted that the Tribunal has committed grave error in awarding a sum of Rs. 32,500/ - only against the claim of Rs. 1,00,000/ -. The learned advocate invited the attention of the Court to the facts of the case set out in paragraph No. 2 of the impugned judgment and award which are reproduced for the ready perusal. "2. The case of the applicants in nutshell is as follows: - That on 17.10.2000, in the morning at around 9.30 am., minor applicant was crossing the road at that time one vehicle being Auto Rickshaw bearing No. GJ -1 -X -300 with rash, negligent manner and endangering a human life, dashed with the applicant. The applicant sustained fracture injuries in his left leg and also other parts of the body. Thereafter, he was admitted in Hospital of Dr. Pakshesh Shah as indoor patient. In this regard, the complaint had been lodged against opponent no. 1 i.e. driver of the Auto Rickshaw with Naranpura Police Station vide 1 -CR. No. 609/2000. Hence, the claimants have filed this claim petition for recover of compensation of Rs. 1,00,000/ - along with interest, costs, etc. from the opponents with their joint and several liabilities." Learned advocate for the appellant submitted that the Tribunal has committed an error in considering the monthly income of the injured at Rs. 1,250/ - per month, and treating ten per cent permanent disability, has assessed the future loss of income at Rs. 22,500/ -, and awarded only Rs. 5,000/ - towards attendants and transportation charges, special diets and pain, shock and sufferings to the petitioner, and awarded Rs. 5,000/ -towards medical treatment expenses.
(3.) LEARNED advocate for the appellant submitted that the Tribunal ought to have awarded separate amount for pain, shock and suffering. He further submitted that similarly, separate amount for transportation charges and separate amount for special diet should have been awarded by the Honourable Tribunal. As the Honourable Tribunal has clubbed all these heads together and has awarded a sum of Rs. 5,000/ - only, it has resulted into gross injustice to the claimant.;