ARUN HARIBHAI PADAS GAVKAR Vs. ISHWARBHAI CHITABHAI SOLANKI

JUDGEMENT

(1.) The present First Appeal under Sec. 173 of the Motor Vehicle Act is filed against the judgment and award dtd. 21/6/2008 passed by M.A.C.T. (Auxiliary), Fast Track Court No.2, District : Vadodara in M.A.C.P. No. 203 of 1994 insofar as it relates to present appellant - original claimant. 2. The brief background of the fact which has given rise to present appeal is that on 14/9/1993, the injured and his friend were standing near Kunj Plaza Apartment on Rajmahel road and at that time, the original opponent No.1 driver of the S. T. Bus No. GJ-1-Z-1688 came from the S. T. Depot side in rash and negligent manner and dashed with Manojkumar and injured applicant. The S. T. Bus was going Vadodara to Surat. On account of the said accident for a primary medical treatment both the injured were taken to S. S. G. Hospital and during hospitalization, one of the injured Manojbhai was died whereas the appellant - original claimant sustained serious injury on head. On account of this head injury as well as eye injury, the appellant could not see, also could not hear anything nor in a position to speak and there was a severe pain on the chest, neck, both the hands were also not working and femur bone fracture on the left leg as well as both legs were injured and on several parts of the body, there are serious injuries and the appellant had to remain as indoor patient and he was taking treatment and had to remain in hospital for a period of 50 days in Mayo Hospital.

(2.) ***

(3.) Mr. M. T. M. Hakim, learned advocate appearing for the appellant has vehemently contended that the appellant on account of such accident has sustained serious injuries and had to remain in hospital for a pretty long period as indicated and as such as against the claim of Rs. 10,00,000.00 a very meager amount is awarded by the learned Tribunal without appreciating the material in its proper prospective. It has been contended that for a period of 29 days, the appellant had to remain in ICU in the hospital whereas overall hospitalization was around 62 days and as such on the basis of just compensation, the learned Tribunal ought to have awarded higher amount after considering the disability which has occurred to a substantial extent.