SNEHALBHAI BHIKHABHAI PATEL Vs. MEJARSING RAGHUVARSINH

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - claimant, being aggrieved and dissatisfied with the judgment and award dtd. 6/10/2006 passed by the Presiding Officer, Fast Tract Court No.2 Ahmedabad (R) at Navrangpura in Motor Accident Claim Petition No.1703 of 2000, by which the Tribunal has awarded compensation of Rs.2,04,240.00 with 7.5% per annum interest to the claimant/s, holding opponents liable, jointly and severally.

(2.) Brief facts of the case as per the case of the appellant are as under:

(3.) Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. It is submitted that amount awarded is on lower side as the Tribunal has not properly considered the various aspects; like income of the injured, injuries, prospective income, multiplier, special diet, transportation and attendant charges, pain, shock and suffering, actual loss, loss of amenities of life, loss of marriage prospect, etc. It is submitted that the Tribunal has committed error in considering the monthly income of the injured Rs.1,800.00, which should be Rs.2,500.00 considering the fact that he was doing service for miscellaneous work in Aavas Corporation, Sanad, and taking into account the minimum wages prevailed in the relevant time.