PRAFULBHAI MADHUBHAI DESAI Vs. RAJUBHAI LAXMANBHAI CHAUHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 24/1/2008 passed by the learned Motor Accident Claims Tribunal (Main) Gandhinagar in Motor Accident Claims Petition No.20 of 2006, whereby the Tribunal has partly allowed the claim petition and awarded Rs.2,60,000.00 towards compensation to the original complainant

(2.) The short facts giving rise to present appeal reads as under:-

(3.) Mr. Modi, learned advocate for the appellant has submitted that present appeal is filed on the ground that learned Tribunal has committed serious error while considering the income of the present appellant, at the time of determining the amount of compensation. He further submitted that the learned Tribunal has not awarded just and adequate compensation. It is further submitted that the learned Tribunal has not properly awarded the amount under head of pain, shock and suffering, though appellant has undergone five operations after having injury on the head. Therefore, the amount ought to have been awarded on higher side under the head of pain, shock and suffering and instead that learned Tribunal has awarded Rs.15,000.00 towards pain, shock and suffering and therefore, the impugned judgment and award deserves to be modified.