GORMELSINGH BISAKHASINGH JAAT Vs. DRIVE OF JEEP

JUDGEMENT

(1.) BY way of this appeal, the appellant-original claimant has challenged the judgement and award dated 4.2.1998 passed by the Motor Accident Claims Tribunal(Auxiliary), Sabarkantha, in M.A.C.P. No.162 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.1,11,920/- to the claimant, with interest at the rate of 12% per annum from the date of filing of the petition till realization.

(2.) THE short facts of this case are that on 20.3.1990 one accident occurred and due to which one Gormelsingh Bisakhasingh Jaat, appellant herein, sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No. 162 of 1991 before the Tribunal. THE learned Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original claimant.

(3.) I also find that the Tribunal has committed an error in awarding compensation under the head of pain shock and suffering. The Tribunal ought to have awarded Rs.50,000/- under the said head, as the appellant has remained in the hospital as a patient for 6 months. Therefore, additional amount of Rs.15,000/- is awarded under the head of pain, shock and suffering.