NARESHBHAI ZALUBHAI VAHONIA Vs. MAHESHBHAI JANKABHAI MEDA

JUDGEMENT

(1.) By way of this Appeal, the Appellant (a minor at the time of accident) has challenged the judgment and award dtd. 4/7/2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Dahod in M.A.C.P. No.6933 of 2004 on the ground that the disability sustained by the minor is assessed as 10% and thus has prayed for enhancement of compensation.

(2.) The facts of the case are that on 26/10/2003 the appellant (a minor) was going to his house walking on the side of the Highway Road at Village Kathala. At that moment, the respondent No.1 came driving a Jeep bearing Registration No.GJ-08-A-3434 in a rash and negligent manner with excessive and uncontrollable speed, because of which the driver lost control over the Jeep and dashed the appellant who sustained serious injuries. A complaint was lodged with Dahod Rural Police Station, the appellant received treatment at Nayak Hospital, Dahod and was thereafter shifted to Ankit Hospital, Dahod. Due to the injuries sustained, the appellant could not carry on his routine work and also had to bear huge medical expenses which lead to the filing of the present Motor Accident Claims Petition.

(3.) Learned Advocate for the appellant Mr. Sabir B. Saiyyad submits that the learned Tribunal ought to have considered the case herein by following the ratio laid down by the Hon'ble Apex Court in the case of Mallikarjun v. Divisional Manager, National Insurance Company Limited and Another reported in 2014 14 SCC 396. It is submitted that the nature of injuries sustained by the minor are to such an extent that the claimant was not in a position to even undertake the routine work and there were huge medical expenses and therefore, the compensation amount be enhanced by this Court.