MOHAMMAD IKARAM NISAR SHAIKH Vs. PRAVINKUMAR VALCHANDBHAI PATEL

JUDGEMENT

(1.) The challenge has been given to the judgment and award dtd. 16/11/2007 passed in MACP No.137 of 2008 by MACT (Aux), Panchmahals at Godhra on the ground that though physical disability as well as functional disability of the appellant - claimant was proved, the learned Tribunal, keeping aside the legal principles established under various judgments of the Hon'ble Apex Court, has awarded a meager amount of Rs.9,999.00.

(2.) Mr. Hemal Shah, learned advocate for the appellant submits that it is very unfortunate that the Tribunal forgot the object of the Act of the benevolent legislation and though there are guidelines and judgments which can assist the Court in deriving at just, fair and reasonable compensation, the Tribunal, in this case, has awarded lumpsum amount without any justification or any reasoning to support the same. Adv. Mr. H.P. Mehta for the Oriental Insurance Co. Ltd. submits that they have been exonerated and no liability has been laid down.

(3.) Mr. Palak Thakkar, learned advocate for the respondent - insurance Company submits that the learned Tribunal has considered the case of the claimant who had urged himself to be a labourer, but could not produce any evidence to substantiate the fact and further, the claimant has failed to examine the Doctor to prove his physical disability, nor any medical bills have been produced to substantiate the injuries. Hence, the lumpsum amount which was granted would meet the ends of justice and thus, supporting the judgment, Mr. Thakkar submits that the judgment requires no interference of this Court.