JIGNESH BHANUBHAI DUTT Vs. PRAKASHBHAI BABUBHAI CHANDEL

JUDGEMENT

(1.) THE present First Appeal is filed by the appellant -original claimant being aggrieved by the judgment and award dated 31st December 2013 passed by the Motor Accident Claims Tribunal (Auxiliary), Court No. 19, Ahmedabad in Motor Accident Claim Petition No. 396 of 2001.

(2.) LEARNED advocate Mr. Bharat B. Shah vehemently submitted that the Tribunal has committed grave error in awarding a sum of Rs. 32,500/ - only against the claim of Rs. 1,00,000/ -. The learned advocate invited the attention of the Court to the facts of the case set out in paragraph No. 2 of the impugned judgment and award which are reproduced for the ready perusal.

(3.) LEARNED advocate for the appellant submitted that the Tribunal ought to have awarded separate amount for pain, shock and suffering. He further submitted that similarly, separate amount for transportation charges and separate amount for special diet should have been awarded by the Honourable Tribunal. As the Honourable Tribunal has clubbed all these heads together and has awarded a sum of Rs. 5,000/ - only, it has resulted into gross injustice to the claimant.