IBRAHIM MOHAMMAD MAKHMAL Vs. BHAILALBHAI BHATHIBHAI BARIA

JUDGEMENT

(1.) The present appeal is filed by the appellant - original claimant against the judgment and award dtd. 30/4/2018 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in M.A.C.P. No.295 of 2011, wherein and whereby, the Tribunal has awarded the total amount of Rs.1,46,633.00 towards the compensation with 9% interest.

(2.) It is the case of the appellant that on 18/12/2010, the appellant was returning from his nephew's garage towards his home, at that time, the offending vehicle being Motor Truck bearing registration No.GJ-7-Y-818 driving in a rash and negligent manner and dashed with the vehicle of the appellant. A complaint was filed with the Godhra B Division Police Station vide I-CR No.142/2010. The appellant suffered grievous injuries resulting in fracture and amputation of thumb of the leg and various surgeries were performed on the appellant. Hence, the appellant filed a claim petition seeking Rs.6,50,000.00 from the opponents.

(3.) Learned advocate Mr.Apurva Jani, appearing for learned advocate Mr.Hemal Shah, for the appellant has submitted that the impugned judgment and award passed by the Tribunal is required to be modified since the Tribunal has erroneously determined the income of the claimant at Rs.3,500.00. He has submitted that the claimant was doing the agriculture work as well as animal husbandry and was also a driver and earning an amount of Rs.6,500.00 per month. It is submitted that at least, the claimant is entitled to more compensation by determining the income as per the rate of Minimum Wages, as prescribed by the State of Gujarat for the period from 1/10/2010 to 31/3/2011 since the appellant met with an accident on 18/12/2010. He has further submitted that the amount awarded by the Tribunal towards Pain, Shock and Sufferings of Rs.10,000.00 is also required to be enhanced to Rs.15,000.00, since the claimant had hospitalized for a period of 13 days and has suffered grievous injuries, of which his entire limb (thai) was dislocated as well as the left feet was amputated. Thus, it is submitted that the award may be modified. Learned advocate Mr.Jani, is further submitted that the claimant has entitled for enhancement of the amount under the head of Special Diet, Attendant and Transportation expenses.