JAKHRA DEVA AHIR Vs. MARABASH SULEMANSHA SHEIKH

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimant has challenged the judgment and award dated 31.12.2012 passed by the learned M.A.C.Tribunal (3rd Auxi.), Kachchh at Bhuj in M.A.C.P. No.542 of 2010.

(2.) THE claim petition was filed by the claimant claiming compensation of Rs.20,00,000/ for injury sustained on 10.08.2010. It is the case of the claimants that on 10.08.2010 the applicant was going in Truck No.GJ8U1109 as a cleaner. It is also alleged that original opponent no.1 was driving the said truck rashly and negligently and thereby lost control and the truck turtle. It is also alleged that because of the accident, the applicant received serious injuries and the left leg of the applicant was amputated above knee. The learned Tribunal after considering oral and documentary evidence by judgment and award dated 31.12.2012 partly allowed the claim petition of the appellant herein. Against the said award, the appellant ­ original claimant has preferred this appeal for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 31.12.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record. The Tribunal has awarded in all compensation of Rs.7,80,160/ under the head of future loss of income, pain, shock and suffering, loss of amenities, medical expenses, future medical expenses, transportation expenses, attendant charges, diet etc.