LAWS(GJH)-2022-12-755

KAMLESHKUMAR PRANLAL PANDYA Vs. PARBATBHAI LAKHABHAI GARCHAT

Decided On December 14, 2022
Kamleshkumar Pranlal Pandya Appellant
V/S
Parbatbhai Lakhabhai Garchat Respondents

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and award dtd. 28/2/2019 passed by the M.A.C.T. (Auxi.), Gondal in Motor Accident Claims Petition No.492 of 2005 as against the claim of the appellant for grant of compensation of Rs.5,00,000.00, the Tribunal awarded only a compensation of Rs.1,49,000.00 to the appellant.

(2.) Heard Mr.Nishit Bhalodi, learned advocate for the appellant, Mr.Darshil Parikh for Mr.Vibhuti Nanavati, learned advocate for respondent No.4 and Mr.Yogi Gadhia, learned advocate for respondent No.2.

(3.) Mr.Bhalodi, learned advocate for the appellant submitted that the Tribunal has not appreciated the evidence on record in its true perspective and the amount awarded by the Tribunal is not based on the evidence on record and the Tribunal has committed an error in calculating the amount of actual loss of income, pain shock and suffering and transportation, special diet and attendance. As far as the rest of the heads are concerned, learned advocate for the appellant has not pressed this appeal in respect of quantum awarded to the appellant and rest of the heads he confines for compensation awarded to the appellant.