KANUBHAI FULCHAND SHAH Vs. RAMDAS RAMASHRE AND OTHERS

JUDGEMENT

(1.) This appeal by the original claimant is directed against the judgment and award dated December 9, 1977, passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural), at Narol (hereinafter referred to as the Tribunal ) in M.A.C. Application No. 167 of 1975, awarding compensation of Rs. 36,000/- together with interest and costs to the appellant-claimant. The appellant claimant had claimed an additional compensation of Rs. 64,000/- in this appeal. However, at the hearing of the appeal, we permitted the claimant to reduce his claim to Rs. 12,000/- . In other words, the claimant has restricted his claim for additional compensation to Rs. 12,000/-.

(2.) The claimant was injured in a vehicular accident which took place on April 27, 1975, near Kalol district Meshana. The Tribunal has found that the accident occurred on account of rash and negligent driving on the part of respondent No. 2 who was driver of truck bearing No. GTD 3358 which collided with the fiat car bearing No. GJD 5951 by which the claimant was travelling. This finding is not under challenge before us. The only question which we are called upon to decide in this appeal by the claimant is with regard to the quantum of compensation awarded by the Tribunal. Here also, the claim is now confined to under two heads, namely (i) pain, shock, suffering and loss of amenities of the life; and (ii) actual economic loss suffered by the claimant as a result of the accident.

(3.) There is no dispute that the claimant sustained serious injuries in the accident. After the accident, the claimant was admitted to Vadilal Sarabhai Hospital at Ahmedabad and was treated by Dr. D.D. Vaidya (exh. 308). Dr. Vaidya has deposed that the claimant had the following injuries.