LALITKUMAR RATILAL SOLANKI Vs. MAKWANA KHIMJIBHAI NARANBHAI

JUDGEMENT

(1.) BOTH these first appeals have been filed by the original claimants under Sec.173 of the Motor Vehicles Act being aggrieved and dissatisfied with the common judgments and awards dated 13-1-2004 passed by the Motor Accidents Claims Tribunal (Aux.), FTC No.3, Junagadh at Veraval, in MACP Nos.642 of 1999 and 644 of 1999.

(2.) THE claimants were going on motor cycle and incident took place when the car No.MEG-9988 came from the opposite side and dashed with the motor cycle causing fracture injuries to the claimants. The claimant of First Appeal No.1935 of 2004 was operated three times and there was shortening of his leg also. The claimant of First Appeal No.1935 of 2004 was also operated and plate was inserted in her leg. After recording the evidence, the tribunal has awarded compensation of Rs.3,90,000/- in First Appeal No.1935 of 2004 and Rs.45,300/- in First Appeal No.1936 of 2004 with proportionate costs and interest @ 9% per annum and, therefore, the claimants have filed the present appeals for enhancement of compensation.

(3.) THE learned advocate for the appellants has restricted her arguments only on the aspect of quantum. She submitted that considering the age of the injured claimants, nature of injuries suffered and hospitalisation, reasonable amounts may be additionally awarded. She therefore prayed to modify the awards accordingly.