ISMAILSHA KASAMSHA FAKIR ALIASDIWAN Vs. JAMALKHA KESARKHA PATHAN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by appellant - insurance company, being aggrieved and dissatisfied with the judgment and award dtd. 9/1/2002 passed by the Motor Accident Claims Tribunal (Main), Vadodara in Motor Accident Claim Petition No.1138 of 1988, by which the Tribunal has awarded Rs.76,120.00 with 9% per annum interest to the claimant.

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

(3.) Learned advocate Mr. Hakim for the appellant - claimant has submitted that the Tribunal has committed an error in awarding only Rs.76,120.00 as compensation to the claimants, where it is a clear case of the claimant before the Tribunal that the claimant in his deposition at Exh.27 has stated about his injuries where he has stated that he got serious injuries on right eyebrow, on nose and on leaps. There were about ten steaches on the right eyebrow. He got fracture injury on Thigh and due to said injury, his urinary system was blocked and had to apply catheter for passing urine. He remained in the hospital as an indoor patient initially for 17 days and thereafter again for 5 days and even after that, he could not get proper recovery. The said catheter was removed after three months. He has pointed out from the deposition of the Doctor where Dr.Vivek Agrawal has supported the case of the claimant in his deposition at Exh.42 about the difficulties in urination and the Doctor has also opined that the claimant may have problem in his sexual life and also may have permanent problem in urination. Therefore, he has submitted that the Tribunal has committed an error in awarding compensation of Rs.76,120.00 though the claimant has claimed for Rs.2.00 lakhs. Therefore, he preferred the present appeal for enhancement of Rs.1.00lakh. He has submitted that atleast Rs.1.00 lakh may be awarded in view of the above facts. Therefore, under the had of loss of amenities and prospects of marriage life, atleast Rs.1.00 lakh is required to be awarded.