BULUSU TARA Vs. NAGINBHAI RAMANBHAI VASAVA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - claimants for enhancement, being aggrieved and dissatisfied with the common judgment and award dtd. 2/7/2008 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.724 of 2000, by which the Tribunal has awarded compensation of Rs. 1,18,950.00 with 7.5% per annum interest to the claimants, holding Opponents i.e. driver, owner and insurance company of the truck liable, jointly and severally.

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

(3.) Learned advocate Mr. MTM Hakim for the appellant - claimant has submitted that the Tribunal has committed an error by considering the income of only Rs. 2,250.00 per month. 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 the Tribunal ought to have awarded amount of compensation towards facial disfigurement and loss of amenities in life considering the nature of accident and injuries. 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.