ABBASBHAI MOHAMADHUSEN HASAM Vs. SARFARAJALI NAZIRBAHI MALEK

JUDGEMENT

(1.) The original claimant has challenged the judgment and award dtd. 9/11/2017 passed by the learned Motor Accident Claims Tribunal (Main), Dahod in MACP No.708 of 2007.

(2.) Learned advocate Mr. Nishit A. Bhalodi for the appellant submitted that the multiplier adopted is not in accordance with the judgment of Sarla Verma Vs. Delhi Transport Corporation and Anr., (2009) 6 SCC 121 and there appears to be some inadvertent error where actually, the multiplier would be 13 as the Tribunal has considered the age of 50 years of the injured and further stated that though it has considered 10% as a whole body, 28% permanent medical disability has been assessed and thus, said that the amount under the heads of pain, shock and suffering is required to be re-appreciated.

(3.) Per contra, learned advocate Mr. G.C. Mazmudar for respondent submitted that the Tribunal has relied on the medical certificate of injured to consider his age of 50 years while requirement was to adopt the age which has been stated on affidavit by the claimant himself which is 52 years of age in his affidavit filed in the year 2010. Learned advocate further submitted that as per the judgment of Rajkumar vs. Ajay Kumar reported in (2011) 1 SCC 343, the assessment for pain, shock and suffering would also be considered as on functional disability and stated that the amount granted is just and proper.