CHAUDHARI JAGDISHBHAI DEVJIBHAI Vs. DESAI JIVRAMBHAI VIHABHAI

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. 27/3/2006 passed by the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claim Petition No.741 of 2002.

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

(3.) Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in notproperly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc. He would further submit that the learned Tribunal has taken Rs.1800.00 as monthly income of the claimant. However, the claimant was engaged in the business of milk and also doing agricultural activities and for that 7/12 abstract has been produced on record. He would further submit that though the claimant has produced medical bills of Rs.92,781.00, the learned Tribunal has erred in not considering the same on the ground that the same are not exhibited.