KIRITBHAI BHOGILAL SHAH Vs. BHALAJI SOMAJI VANZARA

JUDGEMENT

(1.) In present appeal, the appellant has challenged the award dated 4th December, 2006 passed by the M.A.C.Tribunal (3), Gandhinagar in M.A.C.P. No.79 of 1999 whereby the learned Tribunal has awarded Rs.99,000.00 (comprising Rs.25,000/- towards medical bills and treatment, Rs.15,000/- towards pain, shock and suffering, Rs.6,000/- towards actual loss of income, Rs.10,000/- towards repairs/damages to the vehicle, expenses towards attendants and special diet and Rs.54,000/- towards future loss of income) after deducting 10% (towards the extent of negligence attributed to him) from the awarded amount of Rs.1,10,000/-. Aggrieved by the award, the appellant has preferred the present appeal contending, inter alia, that the award is inadequate against the total claim of Rs.3,00,000/-.

(2.) Mr. Modi, learned Advocate has appeared for the appellant and Mr. Parikh, learned Advocate has appeared for the respondent-Insurance Company. 2.1 Since, there is no dispute regarding the factum of the accident, the date of accident, the fact that the appellant sustained injuries on account of the accident which occurred on 15.04.1998, and in view of the statement by appellant's Advocate (which is not disputed by learned Advocate of the Insurance Company) that the Insurance Company has not challenged the award, it is not necessary to narrate and discuss the factual matrix.

(3.) Heard the learned Counsel for the respective parties.