SURYAKANT M PAREKH Vs. BHAGWATIPRASAD H JANI

JUDGEMENT

(1.) In this appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as `the old Act') the appellant original claimant has challenged the quantum awarded for personal injuries to him in M.A.C.P. No. 293 of 1979 by the Motor Accident Claims Tribunal (Main), Mehsana, under which he came to be awarded an amount of Rs. 1,32,000.00 with running interest at the rate of 6% per annum from the date of application till the date of realisation against the claim of Rs. 2 lakhs.

(2.) After having taken into account the facts and circumstances emerging from the record in general and the medical evidence in particular, age, avocation of the claimant, nature and number of injuries, period and length of treatment in three different hospitals including two at Mumbai, expenditure, physical impairment sustained by the claimant, we are of the opinion that the amount claimed, originally, in the petition, is quite reasonable and the Tribunal, in restricting the amount to Rs. 1,32,000.00, has committed serious error.

(3.) The following aspects have remained uncontrovertible from the record of the present case: