JAYRAMBHAI MANEKLAL DARJI Vs. ANILBHAI KANTIBHAI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 12.08.1998 passed by the Motor Accident Claims Tribunal (Aux), Ahmedbad in Motor Accident Claim Petition No. 129 of 1992 wherein the claim petition preferred by the claimants was partly allowed by awarding compensation in the sum of Rs. 32, 600/- along with interest @ 12% per annum from the date of application till its realization.

(2.) ON 26.04.1991 the claimant was going on a cycle to stitch clothes at the residence of one of his customers and when he reached near the Sahajanand Cross Road, a Motorcycle No. GJ-1-J-5620 came in a rash and negligent manner and dashed with the claimant. As a result thereof, the claimant fell down and sustained severe injuries. He therefore, filed the aforesaid claim petition before the learned Tribunal wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of compensation.

(3.) LEARNED advocate for the appellant further contended that the learned Tribunal has erred in awarding only Rs. 7500/- towards pain, shock and suffering. Rs. 15000/- should have been awarded looking to the disability and looking to the fact that he is not in a position to sit. In support of his submission, he placed reliance on the decision of this Court in case of Babu Mansa versus Ahmedabad Municipal Corporation and others reported in 1978 (18) G.L.R page 492. He further contended that learned Tribunal has not awarded any amount towards the transportation charges inspite of the fact that the claimant was hospitalized for 23 days and he had to visit 6 times in the hospital and Rs.30/- per day was spent for transportation. Therefore, Rs. 900/- should have been awarded under the head of transportation charges. He further contended that Rs. 5000/- should have been awarded for future operation. He submitted that the claimants are entitled to additional amount of Rs. 49, 400/- under the head of future economic loss. He further submitted that no amount was awarded for the medical bills and attendance charges.