HARSHADBHAI ARVINDBHAI SHAH Vs. KANAIYALAL NARAYANDAS

JUDGEMENT

(1.) THE present appeal under Section 110-D of the Motor Vehicles Act, 1939 has been preferred by the appellant-original claimant to quash and set aside the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad Rural dated 05/11/1988 in M.A.C.P No. 796/1984 in so far as not awarding the full claim as prayed for.

(2.) IN a vehicular accident, which took place on 15/06/1984 at 8:15 p.m. between the scooter No. GUD 7799 and one motor car GTL 8666, in which the appellant sustained the injuries the appellant filed the claim petition before the learned tribunal for getting compensation of Rs. 2 lakhs. The learned tribunal awarded compensation of Rs. 62,300/- on the following different head;

(3.) THE present petition is opposed by Shri Parikh, learned advocate appearing on behalf of respondent no. 2-United India Insurance Company Ltd. and has submitted that as such the tribunal has materially erred in awarding future economic loss considering the permanent partial disability at 8%. It is submitted that in fact 8% disability was with respect to limb only and not body as a whole and, therefore, it is submitted that even if the learned tribunal has not considered the future rise in the income while awarding future economic loss the impugned judgment and award passed by the learned tribunal is not required to be interfered with.