VIRAL DILIPBHAI MEHTA Vs. MANAGER, PATEL GRAHAK BHANDAR

JUDGEMENT

(1.) Original claimant as appellant has filed this appeal seeking enhancement of compensation. The appellant being dis-satisfied with the quantum of compensation awarded, challenged the judgment and award dtd. 31/1/2018 passed by learned 2nd Additional District Judge, Motor Accident Claims Tribunal (Auxi.) Surrendranagar, in Motor Accident Claim Petition No.273 of 2007, whereunder the claim petition of the appellant came to be allowed in part and compensation of Rs.92,000.00.00 has been awarded with interest @ 7.5% from the date of application till realization with proportionate cost and interest.

(2.) The facts in brief are:

(3.) It was case of the appellant that he sustained serious injuries all over the body, more particularly, fracture of left hip, left leg and left hand. At the time of accident, the appellant was 22 years and studying engineering and has a bright future. Because of the injuries, he was taken to Dr. Rajeshbhai Shah (Orthopedic Surgeon) Hospital for emergency treatment and thereafter was shifted to Samved Hospital and there he was treated as indoor and outdoor patient for a long period of time. The surgeries were performed and the screws and rods were implanted. It was further his case that he was required to take physiotherapy treatment for three months and also incurred substantial medical expenditure. For the said accident, the appellant filed Claim Petition under Sec. 166 of M.V. Act seeking compensation of Rs.30.00 lakhs from opponent No.1 (owner), opponent No.2 (driver) and opponent No.3 (Insurance Co.). The Tribunal as noticed herein above awarded total compensation of Rs.92,000.00.00 under following heads: