RAMESHBHAI BHIKHABHAI PATEL Vs. VITHTHALBHAI MANILAL BARIYA

JUDGEMENT

(1.) Admit. Mr.Palak Thakkar, learned advocate waives service of notice of admission on behalf of respondent no.3 - insurance company.

(2.) Heard learned advocates for the parties. Perused the record. The appellant herein is the original claimant before the Motor Accident Claims Tribunal (Aux) of Panchmahal at Godhra in Motor Accident Claims Petition No.1651 of 2005. The appellant - original claimant had preferred such petition claiming compensation for the injuries sustained to him due to accident. It is undisputed fact that on 4 th November, 2004 at about 5:00 p.m. he was going through village Ramod, Taluka Kalol on MAT no.GJ-17 539 at that time, the opponent no.1 came from the opposite side driving tractor rashly and negligently and dashed with the vehicle of the appellant - original claimant. Due to the accident, the appellant - original claimant had sustained serious injuries and hence, he being shifted to the hospital for treatment.

(3.) The only issue in this appeal is with regard to the quantum of compensation that may be awarded to the claimant. The tribunal has awarded an amount of Rs.1,73,000.00 towards different heads including Rs.16,500.00 as future loss of income (considering income of Rs.2,500.00 and disability of 11% and multiplier of 5), Rs.12,500.00 towards actual loss of income (for five months), Rs.15,000.00 towards Pain, Shock and Suffering (PSS), Rs.1,19,000.00 towards medical expenses and Rs.10,000.00 under the head of SAT (Special diet, Attendent and Transportation). The appellant - original claimant was aged about 60 years and therefore, the tribunal has applied multiplier of 5. Thereby, the tribunal has awarded an amount of Rs.1,73,000.00 as compensation.