YUSUF AHMADBHIA MULLA Vs. DEVRAJ MANURAM RAJA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the common judgment and award dtd. 11/2/2003 passed by the Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claim Petition No. 502 of 1992, by which the Tribunal has awarded compensation of Rs.3,62,100.00 with 9% per annum interest to the claimants, 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. Hakim for the appellant - claimant has submitted that the Tribunal has erred in awarding very meager amount by not considering the compensation under various heads. He has submitted that the Tribunal has awarded only Rs.3,62,100.00 and has committed serious error by not considering the period of hospitalization of the claimant. The claimant remained as an indoor patient in hospital for about 153 days as per the record. He has submitted that the claim petition is filed to get compensation of Rs.6.00lakhs, against which, the Tribunal has awarded Rs.3,62,100.00. He has submitted that the income of the appellant was considered as Rs.3,000.00 per month, whereas oral as well as documentary evidence shows that the appellant was getting Rs.5,000.00 per month minimum at the time of accident. He has also submitted that the Tribunal has committed error in awarding Rs.1,53,000.00 only towards transportation, special diet, hospitalization and attendance charges, looking to the period of hospitalization, which should be awarded more. He has submitted that the Tribunal has committed error in awarding Rs.30,000.00 only towards pain, shock and suffering, which should be higher looking to the period of hospitalization and he has submitted that in view of the judgment of Hon'ble Apex Court in the case of Syed Sadiq versus United India Insurance Co. Ltd. reported in 2014(2) SCC 735, the amount should be considered more and accordingly, he has prayed that the amount is required to be enhanced.