DILIPKUMAR SURYAKANT PANCHAL Vs. ISHWARBHAI KHODABHAI DESAI

JUDGEMENT

(1.) Appeal is filed by the original claimant seeking enhancement in compensation awarded by the Motor Accident Claims Tribunal, Ahmedabad by the impugned award dated 31.08.2007 in MACP No.1201 of 1997. On 10.03.1997, the claimant, while he was riding his bicycle, hit by AMTS bus resulting into serious bodily injuries. He received injuries on his leg and wrist. He had to undergo operations. He was admitted and treated as indoor patient at the Civil Hospital, Ahmedabad. He was a skilled worker working on lath machine. He filed claim petition for compensation of Rs.2 lacs from the driver and Corporation. The Claims Tribunal awarded total compensation of Rs.88,160/ - under different heads as under: -

(2.) Since the manner of accident and the negligence of the driver of AMTS bus are not in dispute, these aspects need not be discussed. Regarding quantum of compensation, evidence of claimant was recorded at Exh.25. He deposed that he was working with P.C.Panchal and Company earning Rs.3,000/ - per month. After the accident, for nearly one year, he could not resume his duties. He had received serious injuries on the right hand and right leg. He was in fact terminated from service because he was unable to work. For treatment, first he was taken to private hospital. After preliminary treatment, he was shifted to Civil Hospital, where he was admitted as indoor patient from 10.03.1997 to 25.03.1997. Steel rods had to be inserted in his right hand. He was advised complete bed rest. Since he was feeling acute pain, he had to be admitted again on 11.04.1997. Th steel rods had to be removed by operation. On 28.04.1997, plastic surgery was performed on him. Couple of months later, once again, plastic surgery was performed.

(3.) The claimant examined the employer -Shri Dipakbhai Panchal at Exh.32. He was the owner of P.C.Panchal Industry. Factory was situated at Dudheshwar, Ahmedabad. According to him, the claimant was working at his factory for about 10 years prior to the accident. He was paid daily salary of Rs.125/ -. He produced certificate of salary at Exh.34 showing monthly salary of the claimant of Rs.3,750/ -. He deposed that since the claimant was unable to work after the injuries, his service was terminated.