BABUBHAI TAPUBHAI RATHOD Vs. SANOJKUMAR JAIN

JUDGEMENT

(1.) Claimant, as an injured, has challenged the judgment and award dtd. 25/10/2017 passed by the MACT (Main), Bhavnagar in MACP no. 579/09.

(2.) The case of the claimant was that he was going, driving his Luna bearing registration no. GJ-4 M-5595 to his service place on 6/1/2006 at about 10:00 a.m. in moderate speed and on correct side of the road. When he reached near the Atabhai Road, one car bearing registration no. GJ-4 D-5790 suddenly opened the door of the vehicle. As a result, the appellant lost control on his vehicle - Luna and dashed on the door of the car and in the result, he sustained about 23% disability of the body as a whole.

(3.) Learned advocate Mr. Shah along with learned advocate Mr. Modi submit that the learned Tribunal has granted lumpsum amount of Rs.45,000.00 to the appellant, while the amount under the head of pain, shock and suffering, attendant charges, transportation expenses, etc. have not been granted and further state that the loss of the amenities of life, considering the disability, has not been assessed by the Tribunal, which ought to have been in accordance with the evidence led on record.