GHEMARJI VERSI THAKORE Vs. GADHVI LABUNDAN HARSINGH

JUDGEMENT

(1.) BY way of this appeal, the present appellant has challenged the judgement and award dated 31.12.1998, passed by the Motor Accident Claims Tribunal, at Palanpur, in M.A.C.P. No. 93 of 1988, whereby the tribunal has awarded compensation in the sum of Rs.22,000/- to the claimant with interest at the rate of 12% per annum from the date of filing of application till realization.

(2.) THE brief facts leading to filing of this appeal are that the appellant was running a fair-price shop at his village and on 21

(3.) I have heard learned counsel appearing for the appellant and perused the record as well as the judgement and award of the tribunal. From the record it is clear that the tribunal has not awarded anything under paid Shock and suffering. However, Keeping in mind the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors.reported in 1996 SCC (4) 362,I am of the opinion that the tribunal should have awarded Rs. 6500/- for pain shock and suffering for two months. In that view of the matter, the appellant is awarded an additional amount of Rs.6500/- with interest at the rate of 7.5% from the date of filing of the application i.e. from August, 1987.