ISMAILBHAI SIDIBHAI VAGHER Vs. BHARATBHAI JIVABHAI SOLANKI

JUDGEMENT

(1.) By way of present appeal, the appellant has challenged the legality and validity of the judgment and award dated 2nd July 2010 passed by the Motor Accident Claims Tribunal (Aux.), Morbi (hereinafter referred to as the Tribunal ), in Claim Case No. 206 of 2006, whereby the Tribunal has partly allowed the claim case of the appellant herein.

(2.) It is the case of the appellant that on 15th June, 2006, the appellant was preparing to despatch parcel of fish and lobster from Wankaner to Mumbai and he took one Chhakado Rickshaw bearing Registration No. GJ-3-Z-4086 on rent and he went along with the goods in the capacity of owner of goods. At that time, driver of the said vehicle was driving his vehicle in full speed, rashly and negligently. As a result of the same, the driver of the rickshaw lost control over the vehicle and it got tumbled and the appellant received serious and grievous injuries and also sustained permanent partial disablement and his left hand was amputated below elbow and he was not able to perform any such work which was performed by him prior to the said accident. Therefore, he filed the aforesaid claim case, which ultimately came to be partly allowed. Hence, present appeal.

(3.) Mr. H.K. Patel, learned Advocate for the appellant, has submitted that the Tribunal ought to have considered the income of the appellant at Rs. 3500 per month and the prospective income of the appellant at Rs. 5250 per month; that the Tribunal ought to have considered the permanent partial disability of the appellant; that the Tribunal has erred in awarding only Rs. 25,000 under the head of pain, shock and suffering though the left hand of the appellant below elbow was amputated; that the Tribunal has erred in not awarding the full amount under different heads as prayed for. In view of aforesaid submissions, it is prayed that the appeal may be allowed.