VIJAYKUMAR BABULAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is at the instance of original claimant arising from the order dated 27th August 2004 passed by the Motor Accident Claims Tribunal, Patan (hereinafter referred to as, 'the Tribunal') in Motor Accident Claim Petition No.428 of 2002. THE Appeal relates to the award of compensation made under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'the Act') to the appellant by the Tribunal, which was claimed against the respondent Gujarat State Road Transport Corporation. THE appellant filed a claim for Rs.18 lac at the rate of 18% interest per annum under different heads.

(2.) THE Tribunal, as per its judgment dated 27th August 2004, awarded the appellant Rs.4,59,200=00 at the rate of 9% interest per annum from the date of the application. THE award to the tune of Rs.4,59,200=00 has been computed under various heads, for both pecuniary and non-pecuniary losses caused by the accident. THE appellant submits that this award was inadequate to meet with all the expenses incurred and likely to be incurred and presses his claim for the full amount of Rs.18 lac as prayed for in the claim petition. Thus, the appellant has prayed for enhancement of the amount of compensation.

(3.) THE above-referred medical evidence is corroborated by the oral testimony of PW3 Dr.Gunwantbhai Kantilal Patel at Exh.47 as well as medical certificates at Exh.48 and Exh.51.