MINOR KISHANBHAI MAHESHKUMAR RAVAL Vs. SHANTAJI AMTHAJI THAKOR

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and award dtd. 20/4/2017 passed by the learned 3rd M.A.C. Tribunal (Aux.), Mahesana at Visnagar in M.A.C.P. No.941 of 2012 (Old No.31/2010), whereby the present appellant has preferred the application seeking compensation of Rs.3,00,000.00 under various heads; however, the Tribunal, after leading the evidence and taking into consideration the facts on record, awarded a sum of Rs.2,03,650.00 under various heads. However, according to the appellant, the aforesaid compensation is not just and fair compensation, and therefore, the same is required to be enhanced by taking into consideration latest law laid down by the Hon'ble Supreme Court in the case of Master Mallikarjun vs. National Insurance Co. Ltd ., reported in 2014 (14) SCC 396.

(2.) It is the case of the appellant that the appellant has filed a claim petition to get compensation of Rs.3,00,000.00 in respect of accidental injuries sustained by minor son of the applicant in a vehicular accident occurred on 17/11/2009 between 11:00 am to 11:30 am, when the minor son of the appellant was passing besides the road, at that time, a jeep bearing registration No.GJ-5-YY-808 came with high speed and in rash and negligent manner and dashed his jeep to the minor son of the appellant and thereby, the minor son of the appellant sustained serious injuries. At the time of accident, the minor son of the applicant was only 5 years old. Due to the accident, the appellant incurred heavy medical expenses, attendant charges, special diet charges, transportation charges and also sustained permanent disability. As such, the accident has occurred due to negligent driving on the part of the driver of jeep and the appellant has filed the claim petition to get compensation of Rs.3,00,000.00 from the respondent - insurance company under various heads. However, the Tribunal, after appreciating the evidence on record, awarded only Rs.2,03,650.00. Hence, the present appeal.

(3.) Mr.Yogendra Thakore, learned advocate for the appellant submitted that the compensation awarded by the Tribunal is not in consonance with the judgment of the Hon'ble Apex Court in the case of Master Mallikarjun (supra). He further submitted that the Tribunal considered the fact that the appellant sustained injuries which resulted into 23.5% disability which has not been disputed by the respondent - insurance company, and therefore, taking into consideration the judgment in the case of Master Mallikarjun (supra), the appellant is entitled for fair lump sum compensation of Rs.3,00,000.00. The Tribunal has awarded a sum of Rs.1,26,900.00 towards future loss of income, Rs.15,000.00 towards pain, shock and suffering and Rs.3,000.00 towards actual loss of income, which according to learned advocate for the appellant are required to be merged in the lump sum compensation of Rs.3,00,000.00 in view of the ratio laid down by the Hon'ble Apex Court in the case of Master Mallikarjun (supra). Learned advocate for the appellant submitted that the present appellant is also entitled for Rs.43,750.00 towards medical expenses and Rs.15,000.00 towards S.A.T. charges and thereby, submitted that the appellant is entitled to compensation of Rs.3,58,750.00, against which, the Tribunal has awarded only Rs.2,03,650.00 by way of total compensation.