LAWS(GJH)-2014-9-181

SHANTILAL GIRDHARLAL VASANT Vs. KANJIBHAI RAMJIBHAI VAGHELA

Decided On September 04, 2014
Shantilal Girdharlal Vasant Appellant
V/S
Kanjibhai Ramjibhai Vaghela Respondents

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act [ the Act for short] is at the instance of a claimant in a proceeding under section 166 of the Act and is directed against an award dated 15th September 2006 passed by the Motor Accident Claims Tribunal [Aux.] and Fast Track Court No.6, Ahmedabad [ tribunal for short], in MACP No. 298 of 2003, thereby awarding an amount of Rs.5,10,706/ - with interest at the rate of 6% p.a. from the date of application till realization.

(2.) BEING dissatisfied, the claimant has come up with this appeal for enhancement of the compensation and has restricted his claim to a further sum of Rs. 4.00 lakh.

(3.) AFTER going through the materials on record, there is no dispute that while the claimant who was aged 70 years of age at the time of the accident, was going for pilgrimage in a maruti car no. GJ 6K 7973 on 6th November 2002, due to negligence on the part of the driver of the said vehicle, the said car lost control and dashed with a tree, resulting in serious injuries to the claimant. Among the above injuries, there were 8 fractures in the wrist and from the knee to waist of the right side. A plate was inserted after the operation and there was also a fracture on the ankle for which a rod was inserted by operation and thereafter, he was shifted to Ahmedabad and treated in Sterling hospital for one month and a bone grafting was done. In the Sterling hospital, he was treated for several days and incurred total expenses of more than Rs.3,50,000/ -. According to the claimant, he has sustained permanent disability, which according to the doctor was found to be 17%. The victim was a partner of a firm and was an income -tax assessee. From the income -tax return produced by him, it appears that his income from business source as partner was Rs. 78,586/ -, apart from other income from other sources. The learned tribunal below, on consideration of the evidence on record found that due to negligence of the driver of the vehicle, the accident occurred, and the Insurance Company was liable to pay the said amount. The tribunal below calculated the total amount in the following way: