NEW INDIA INSURANCE CO. LTD Vs. AMRATLAL NATHALAL

JUDGEMENT

(1.) THE present appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Ahmedabad (Rural) at Narol in claim petition No. 289/78. The respondent No. 1 was injured in a motor accident and had sustained injuries which according to him resulted in permanent partial disability to the extent of 8%. He therefore, filed a claim petition for claiming Rs. 35,000/- by way of compensation. When the accident had taken place the injured-respondent was traveling in truck no. G.T.G. 1588.

(2.) AFTER appreciating the evidence the learned tribunal has awarded an amount of Rs. 10,000/- comprising of Rs. 5.000/- by way of pain, shock and suffering and medical expenses and Rs. 5,000/- by way a. lumpsum for future economical loss. Being aggrieved by the said order the Insurance Company i.e. the New India Assurance Co. Ltd. carried the matter before this Court by way of the present appeal. The claimant being aggrieved by the meagerness of the amount filed cross objections and claimed additional compensation of Rs. 25,000/-. Before effective hearing Mr. K.J. Vyas, the learned advocate appearing for the respondent-claimant reduced the claim by way of cross-objections to Rs. 6,000/-.

(3.) ON going through the award of the learned tribunal we find that if at all the tribunal has erred in the side of regard lines and the compensation awarded appears to be so meagre that it requires on upward revision. The respondent-claimant having sustained two fractures had to undergo medical treatment for a prolonged period should have been awarded at least Rs.7.500/- for pain shock and suffering instead of Rs. 5,000/- which the tribunal has awarded. During this particular period the claimant can be very well assumed to have spent at least Rs. 1,000/- for medical expenses and other sundry items. The learned tribunal has not taken this amount into consideration and the amount of Rs. 5.000/- awarded for pain shock and suffering by the tribunal also included medical expenses. We therefore, feel that Rs. 1,000/- more should be awarded on this particular head alone.