VIPULBHAI CHHAGANBHAI SARVAIYA Vs. OWNER HASMUKHBHAI DAYARAMBHAI BUJAD

JUDGEMENT

(1.) The present appeal is directed against the judgement and award passed by the Motor Accident Claims Tribunal (Main), Rajkot in Motor Accident Claim Petition Nos.1280 of 2009 and 1343 of 2009.

(2.) The Tribunal, after examining the oral as well as documentary evidence, has awarded an amount of Rs.9,67,000.00 with proportionate interest @ 9% p.a. from the date of claim petition(s) till realization from the opponent Nos.1 and 2 jointly.

(3.) Learned advocate Mr.Sheth appearing for the appellant, while placing reliance on the judgement of the Apex Court in the case of Jakir Hussein Vs. Sabir and Ors., (2015) 7 S.C.C. 252 has submitted that the award passed by the Tribunal is required to be modified to the extent that income of the appellant, which is assessed as Rs.4,000.00 per month is on lower side and the same is required to be enhanced. He has further submitted that the amount awarded under the head of pain, shock and suffering of Rs.1,00,000.00 is also required to be enhanced to Rs.1,50,000.00 since right arm of the appellant was totally amputed from the elbow. Further reliance is placed by the learned advocate Mr.Sheth on the medical evidence as well as the certificate and has submitted that the medical expenses of Rs.20,000.00 is required to be enhanced since the appellant was hospitalized for a period of 6 months. Finally, it is submitted that the Tribunal has fallen in error in determining the disability of the appellant to the extent of 75% only because advocate's consent despite there being certificate of the Doctor below Exh.34, which certifies the disability of permanent in nature to the extent of 95%. It is thus, requested by the learned advocate that disability of the appellant is required to be assessed at 95% and accordingly, the compensation is required to be enhanced.