LAWS(GJH)-2022-9-1074

SURESHBHAI LALABHAI PATEL Vs. KANTIBHAI SARDARBHAI MASAR

Decided On September 15, 2022
Sureshbhai Lalabhai Patel Appellant
V/S
Kantibhai Sardarbhai Masar Respondents

JUDGEMENT

(1.) The present appeal is filed by the appellant - original claimant for enhancement of compensation awarded by learned Motor Accident Claims Tribunal (Aux.) and Presiding Officer, Fast Track Court, Kheda at Nadiad in Motor Accident Claims Petition No.1602 of 1998 vide order dtd. 13/5/2010 whereby learned Tribunal has awarded the amount of Rs.1,75,178.00 after considering contributory negligence of the injured - original claimant at 25%.

(2.) I have Mr.Ashok Prajapati, learned advocate for the appellant - original claimant, Mr.Rathin Raval, learned advocate for respondent No.3 - insurance company. I have also perused the Record and Proceedings and the material made available to this Court.

(3.) Mr.Prajapati, learned advocate for the appellant - original claimant has contended that it is a case of personal injury and the injured has sustained permanent partial disability at 19% body as a whole as per the disability certificate and evidence at Exh.52 and also the purshis filed by the appellant - original claimant. It is further contended that learned Tribunal has considered the permanent partial disability at 19%. It is further contended that the present appeal is filed by the appellant - original claimant on account of negligence considered by learned Tribunal which is against the facts of the present case as well as against the evidence on record. It is further contended that learned Tribunal has committed an error while evaluating the evidence of the Doctor. It is further contended that while calculating the amount of compensation, learned Tribunal has committed an error by considering the income of injured - original claimant. It is further contended that learned Tribunal has not properly applied multiplier. Mr.Prajapati has also urged that all other grounds urged in the memo of the appeal may also be taken into consideration. Lastly, Mr.Prajapati requested this Court to allow the present appeal.