THAKORBHAI MAGANBHAI SOLANKI Vs. DHARMENDRABHAI SOMABHAI PRAJAPATI

JUDGEMENT

(1.) The present appeal is filed by the appellant - original claimant against the judgment and award dtd. 18/9/2018 passed by the Motor Accident Claims Tribunal (Main), Rajpipla in M.A.C.P. No.230 of 2016, whereby the Tribunal has allowed the claim petition and awarded Rs.4,06,600.00 towards the compensation to the claimant along with 9% interest from the date of filing of the claim petition.

(2.) The appellant had filed Motor Accident Claim Petition No.230 of 2016 before the Motor Accident Claim Tribunal (Main), Rajpipla, under Sec. 166 of the Motor Vehicle Act, 1988, claiming the compensation of Rs.12,00,000.00 along with the interest.

(3.) Learned advocate Mr.Bhalodi, has submitted that the Tribunal has committed grave error in considering the income of the claimant only Rs.4,000.00 p.m. and the Tribunal ought to have been considered at Rs.7,500.00 approximately, as the appellant was working as a Farm Labourer. It is further submitted that the Tribunal has fallen in error in awarding the compensation to the tune of Rs.4,06,600.00, the same is required to be enhanced as per the settled proposition of law. It is submitted that the Tribunal has also miscalculated the future loss of income, pain, shock and sufferings etc. Thus, it is submitted that as per the judgment of the Supreme Court in the case of Govind Yadav Vs. New India Assurance Company Ltd., [(2010) 10 SCC 254]. Instead of the compensation awarded towards pain, shock and suffering of Rs.25,000.00, it should be Rs.1,50,000.00. . Learned advocate Mr.Bhalodi, has submitted that the left leg of the appellant was totally amputated due to accidental injuries and hence, the Tribunal could have awarded an amount of Rs.3,00,000.00 for the artificial limb to the appellant, as per the decision of the this Court in the case of Thakarda Andaji Bachiji Vs. Prajapati Mahendrabhai Vitthaldas passed in First Appeal No.790 of 2014. Further it is submitted that the Tribunal ought to have allowed Rs.2,50,000.00 under the head of loss of amenities, instead of Rs.50,000.00 as the appellant is deprived of his left lower limb permanently which would affect the entire life of the appellant. Similarly, it is submitted that the Tribunal has committed error by allowing only Rs.15,000.00 towards compensation under the head of special diet, Attendant charges and Transportation, which ought to have been allowed at the rate of Rs.50,000.00. Thus, it is submitted that the impugned judgment and award may accordingly be modified.