PATEL VIPUL SHANTILAL Vs. PATEL PARESHKUMAR KANTILAL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - original claimant being aggrieved and dissatisfied with the judgment and award dtd. 29/3/2010 passed by the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claim Petition No.1208 of 2003.

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

(3.) Learned advocate for the appellant - claimant has submitted that learned Tribunal has assessed compensation on lower side by adopting income at Rs.21,000.00 per year and same is below minimum rate of wages. It is submitted that the claimants have led evidence of Rameshbhai Raichandbhai at Exh.19 who owned factory of policing rough diamond, wherein, the claimant was working at the time of road accident. According to deposition of Rameshbhai being employer at Exh.19 and certificate issued by him at Exh.20, the claimant was earning Rs.5000.00 per month as labourer for policing rough diamond. It is submitted that learned Tribunal has not considered this issue properly. It is also submitted that learned Tribunal has committed less compensation for loss of future prospects as in the present case, the claimant has suffered permanent disability of 13% which is accepted by both the parties on volition. It is submitted that learned Tribunal has committed error in granting Rs.7500.00 under the head of pain, shock and suffering and other heads are also compensated meagerly. Therefore, he submits to enhance the amount of compensation.