RINABEN VISHWANATH BHANDARI Vs. MOHMED HANIF MALANG MANSURI

JUDGEMENT

(1.) BOTH these appeals have been filed by the claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgments and award dated 27 12 2001 passed by the Motor Accidents Claims Tribunal (Aux.), Bharuch, in MACP Nos.204 of 1991 and 320 of 1991.

(2.) BOTH the claim petitions have been filed by the claimants claiming compensation for injuries suffered by them in an accident which occurred on 24 3 1990 at about 5 'O clock near Bholav Octroi Naka on National Highway No.8. It was inter alia contended that the claimants were returning after completion of their audit work in GIDC on Suzuki Motor cycle NoGJ 15 1454 driven by the claimant of MACP No.204 of 1991 in which the claimant of MACP No.320 of 1991 was a pillion rider. It was further contended that when they reached near Bholav Octroi Naka, a rickshaw No.GRV 2686 coming from the opposite direction driven in rash and negligent manner dashed with the said motor cycle causing serious injuries to the claimant of MACP No.204 of 1991 and simple injuries to the claimant of MACP No.320 of 1991. After hearing the learned advocates appearing for the parties and considering oral as well as documentary evidence on record, the impugned common judgments and award was passed by the Tribunal.

(3.) THE learned advocate for the appellants, Mr.Pandya has restricted his arguments only on the quantum awarded. He contended that due to the injuries, the claimant of MACP No.204 of 1991 was kept in ICU for six days in Dr.Amin's Hospital, Baroda. He was also admitted as an indoor patient in Dr.Jwalit Sheth's hospital for one month for his injuries on forehead, left eye and ear. He also suffered injuries on leg, head, fracture on right hand and has become paralytic on his left side. His disability has been assessed by the doctor at 40%. Considering the tremendous pain, shock and suffering suffered by the claimant for considerably long period of time, it is requested that some good may be enhanced under this head. Considering the income of the claimant and his age and other relevant factors, it requested that amounts under other heads may also be reasonably enhanced.