KARSHANBHAI DAHYABHAI TANDEL Vs. ISHWARBHAI KHALAPBHAI PATEL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - original claimant for enhancement, being aggrieved and dissatisfied with the judgment and award dtd. 7/2/2011 passed by the Motor Accident Claims Tribunal (Main), Valsad in Motor Accident Claim Petition No.36 of 2004, by which the Tribunal has awarded compensation of Rs.2,84,200.00 with 6% per annum interest to the claimant, holding Opponents i.e. owner and insurance company liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Amit N. Patel for the appellant - original claimant has submitted that the Tribunal has committed an error by considering the income of only Rs.3,000.00 per month. Further, he has submitted that the Tribunal has not considered prospective rise in the income while awarding future loss of income. He has submitted that the Tribunal has not properly awarded amount of compensation towards pain, shock and suffering. He has submitted that the Tribunal has not properly considered the compensation towards transportation, attendant charges, special diet, etc. He has submitted that interference may be called for by this Court in the impugned judgment. He has submitted that this appeal may be allowed and the amount of compensation may be enhanced.