MEHUL NANUBHAI VADERA Vs. DEVENDRASINH JATUBHA JADEJA

JUDGEMENT

(1.) THIS appeal has been filed by the original claimant for enhancement of compensation being aggrieved and dissatisfied with judgment and award dated 26 10 2007 passed by the Motor Accidents Claims Tribunal (Aux.), Bhavnagar, in MACP No.403 of 1996 whereby the claimant was awarded compensation of Rs.1,42,891/ to the claimants with interest @ 7.5% per annum.

(2.) FACTS in short are that a claim petition was filed by the minor claimant claiming compensation of Rs.3,50,000/ for injuries suffered by him in the accident which happened on 1 4 1996 at 1.30 noon opposite to Dadasaheb Jain Derasar, Kalanala. It was inter alia contended that the claimant was proceeding to Subhashnagar on Luna as a pillion rider. It was further contended that when Luna reached near Derasar, ST Bus No.GJ 1Z 3990 driven rashly and negligently by its driver dashed the Luna from behind due to which the Luna was dragged 4 feet away from the place causing fracture injuries of urethra vane pelvic muscle crush on the claimant. After hearing the learned advocates appearing for the parties and considering oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.) THE learned advocate for the appellant has restricted his arguments only on the total amount awarded. He contended that the injured claimant had wheel marks on abdomen at right limber region and pelvic region and right lower abdomen as per the certificate issued by Sir T.Hospital. As per the certificate issued by Dr.Shailesh Shah Ex.32, the claimant was suffering from stricure urethra (Traumatic) for which perineal urethro pussy was performed on him and doctor has assessed his permanent disability in the range of 15 to 20% and, therefore, according to him, marriage prospect of the claimant in future is severely affected. It is further submitted that considering the agony suffered by the claimant, the amount awarded by the Tribunal is on the lower side. It is further submitted that though medical bills of approximately Rs.1,00,000/ were submitted, only an amount of Rs.75,191/ was sanctioned. It is therefore requested that the award may be modified by substantially increasing the amount of compensation payable to the claimant.