GAJRJSINH BACHUBHA JADEJA Vs. GAMBHIRSINH MOGHAJI BARAD

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 3rd August 2004, passed by the Jt. District Judge, Fast Track Court No.13, Ahmedabad [Rural] at Navrangpura, Ahmedabad in M.A.C.P. No. 1913 of 1991, thereby awarding a sum of Rs. 2,46,072/ - with interest at the rate of 9% p.a from the date of filing of the application till realization. Being dissatisfied, the claimant has come up with the present appeal.

(2.) THERE is no dispute that while the claimant was travelling in an ambassador car, there was a head -on collision between the said car and a truck coming from the opposite direction, as a result, the claimant was seriously injured and his treatment continued for more than six months. The claimant was working as Weaving Supervisor in Jahangir Vakil Mill and was aged 35 years at the time of the accident. The victim claimed a sum of Rs. 5.00 lakh as compensation. At the time of hearing of the claim -application, the victim himself gave evidence and also the doctor under whom, he was treated, appeared as a witness. According to the doctor, permanent disability of the victim was to the extent of 79.2%, but having regard to the nature of the job he was required to perform, the disability should be treated to be 100%. It has further been established that after the accident, the Mill has been subsequently closed and in view of the disability, the claimant could not find out any other job, as a result, was sitting in a shop of a friend and in the process, was getting Rs. 1000/ - a month.

(3.) THE learned Tribunal below, on consideration of the materials on record, arrived at a conclusion that in the facts of the present case, the claimant should be entitled to a sum of Rs. 2,46,072/ -, the details of which are given below.