AMRISHBHAI MANILAL PATEL Vs. SHABBIRHUSSAIN GHULAMHUSSAIN FAKIR

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation awarded by claim Tribunal Nadiad, the original claimant has filed this present appeal, seeking enhancement of compensation.

(2.) The appellant-injured claimant sustained vehicular accidental injury on 18/10/2004 when, he was travelling in a rickshaw, which was collided with unknown Isher vehicle. According to his case, he sustained multiple fractures all over the body and was operated for the same. At the relevant time, he was serving with private company and his monthly salary was Rs.3,650.00. As per the medical evidence and certificate issued by Dr.Jatin Shah on account of sustaining of the multiple fractures he suffered permanent partial disablement body as a whole 45%. In this background of facts, he had filed a claim petition Nadiad Tribunal (2056 of 2004). The Tribunal, vide its judgement and award dtd. 15/7/2008, awarded Rs.1,13,837.00 with interest at the rate of 9%, to be paid by the New India Assurance Company Limited. On the issue of negligence, the negligence apportioned between two vehicles in the ratio of 75:25. It is to be noted that, pursuant to the purshis filed by the claimant, 75% amount being deducted from the total amount of compensation.

(3.) Being aggrieved with the quantum of compensation as well as determination ratio of negligence, the appellant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act.