VIJAYAN KUNJ PILLAI Vs. PAVANKUMAR ASHOKKUMAR RAI

JUDGEMENT

(1.) By way of this Appeal, the Appellant-claimant has challenged the judgment and award dtd. 26/2/2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Vadodara in M.A.C.P. No.1435 of 2006 praying for enhancement in the compensation amount.

(2.) The facts of the case are that on 26/8/2006 at about 5.00 pm, the appellant was riding his motor cycle bearing Registration No.GJ-6-BP-6267 from Por to Vadodara. The appellant following all the traffic rules was driving his vehicle slowly and carefully. When the appellant reached near the site of the accident, i.e. on National Highway No.8, between Varnama and Por near Varnama Village, one Truck bearing Registration No.HR-58-A-7681 owned by the respondent No.2 and driven by the respondent No.1 in a rash and negligent manner and endangering the human life came and dashed the motorcycle of the appellant. The appellant was thrown on the road and the wheel of the truck rolled over the right hand of the appellant, the applicant sustained crush injuries on his right hand and also serious injuries below his right eye, forehead and head. The appellant was rushed to SSG Hospital, where he was provided preliminary treatment. Thereafter, the appellant was referred to Navrang Hospital where an operation was carried out and the right hand of the appellant was amputated. Extensive treatment was provided to the appellant as an indoor patient and the appellant was discharged on 4/9/2006 with a clear medical advise to take extensive follow-up treatment and to take complete bed rest for a long time.

(3.) Learned Advocate for the appellant Dr. R.G. Dwivedi submitted that the right hand of the appellant was amputated and as neuro-patient, he had to take extensive and expensive treatment and was later discharged from the hospital on 4/9/2006. As per the medical advice, the appellant was required to undergo follow-up treatment and was advised complete rest for a long time. It is further submitted that at the time of accident, the applicant was doing job work for M/s. Tool Product Incorporate situated in G.I.D.C. Por and was earning Rs.20,000.00 per month. However, because of the injuries the appellant became incapacitated and that affected his earning. In addition, the appellant had to bear huge expenses towards medical expenses as also expenses under the head of Special Diet, Transportation and Attendant Charges. It is further submitted that because of the injuries sustained in the accident, it affected the appellant's ability to continue with his job and his income also dropped and was not earning consistently as compared to the time before the accident.