MAHESHWARI GOVIND VALJI Vs. RAMESH SAMJI DANGAR

JUDGEMENT

(1.) By way of this First Appeal, the appellant has challenged the judgment and award dtd. 3/7/2019 by the M.A.C.T Aux., Kutch at Bhuj in M.A.C.P. No. 104 of 2004 whereby the Tribunal allowed the claim petition of the appellant and awarded compensation of Rs.3,00,000.00with 9 % interest from the date of application till date of his realization. However, the present appeal is preferred for a limited purpose as the Tribunal has not thought it fit to grant compensation to the tune of Rs.30,000.00 for medicines and special diet, Rs.10,000.00 for attendant charges, Rs.30,000.00 for transportation charges from Bhuj to Ahmedabad, Rs.30,000.00 for financial loss and loss of comfort to the parents for attending the appellant and thereby, the present appellant has prayed for an additional sum of Rs.1,00,000.00 over and above the sum of Rs.3,00,000.00 which was awarded by way of compensation.

(2.) The claim of the present appellant before the Tribunal was as under:-

(3.) The Tribunal considered the aforesaid aspect and awarded compensation of Rs.3,00,000.00 with 9% interest from the date of application till realization of the amount alongwith proportionate costs of the application. However, as the appellant was aggrieved that the amount towards medicine and special diet, attendant charges and transportation charges as well as financial loss and loss of comfort to the parents for attending the appellant were not considered by the Tribunal seeking an enhancement of the compensation by Rs.1,00,000.00, the present appeal is preferred.