PRAVINKUMAR BABALDAS PARMAR Vs. MAKWANA VINODBHAI DAHYALAL

JUDGEMENT

(1.) This appeal is filed by the appellant - original claimant challenging the judgment and award passed by the learned 04 th M.A.C. Tribunal (Aux.), Mahesana at Visnagar, dtd. 2/7/2018 rendered in M.A.C.P. No. 683 of 2012 (Old No.548/2008) praying for enhancement of the compensation.

(2.) The learned Tribunal, by impugned judgment and award as against claim of Rs.1,50,000.00 under various heads, has awarded Rs.5,000.00 total compensation i.e. Rs.2,500.00 towards the pain, shock and suffering and Rs.2,500.00 towards special diet, attendant and transportation charges. From the judgment, it appears that on 12/7/2008, when the claimant was traveling on a motorcycle, driven and owned by opponent No.1, as a pillion rider near Village - Chhabaliya, in an attempt to save one dog which suddenly came on road, on application of sudden brake to vehicle, which was in speed, the motorcycle slipped and the claimant sustained injury over his body. It is alleged in the claim petition that driver - owner of the vehicle was negligent in driving the said vehicle. The claimant claimed in the claim petition that he earns Rs.10,000.00 p.m. and due to the said accident, he incurred heavy medical expenses, attendant charges, special diet charges, transportation charges, and also sustained permanent disability. Therefore, the claimant claims Rs.1,50,000.00 in all towards the compensation under various heads. Vide exhibit-16, claimant produced examination-in-chief on oath and certified copy of complaint, certified copy of panchnama as also certified copy of medicolegal certificate and the copy of RC Book in support of his claim. On conclusion of evidence and while appreciating it, the learned Tribunal has recorded its finding at page -7 of it below issue No.2, while determining the quantum.

(3.) 0 Mr. Chaudhary, learned advocate for the appellant has assailed the impugned judgment and award submitting that what is claimed in the examination-in-chief on affidavit, which is supported by the certified copies of the relevant documents, the learned Tribunal could have determined the case and awarded the amount of compensation as prayed for.