ALPEASH VITHALBHAI KACHA Vs. BHARATSINH BALWANTSINH

JUDGEMENT

(1.) Original claimant has approached this Court under section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act'] for claiming enhancement in the compensation awarded by the Motor Accident Claims Tribunal [Special], District Rajkot at Rajkot by judgment and award dated 31st December, 1992 rendered in Claim Case No. 226 of 1984. The Tribunal has granted a sum of Rs.28,680/- by way of compensation together with interest at the rate of 12% p a and proportionate costs. This has been awarded against the original claim of Rs.75,000/-.

(2.) The accident in question occurred on 22nd February, 1984. The offending vehicle is truck bearing Registration No. GTX 4246 which was proceeding from Rajkot to Chotila. It knocked down the victim, namely Alpesh, a boy then aged about 8 years at village Maliyasan. The boy was also proceeding in the same direction and the offending vehicle dashed against him from behind, as a result of which, boy received several injuries including fracture of supra condyl of right humerous. There was bleeding from both nostrils. He was immediately removed to the hospital, namely Civil Hospital at Rajkot and he was admitted as an indoor patient. He was discharged against medical advice on 27th January, 1984. It is the say of the appellant that even after his discharge from the hospital, the treatment lasted for considerably long period and he had to go to the Physiotherapist regularly for treatment. In view of these accidental injuries suffered by the appellant, the aforesaid claim petition was filed.

(3.) I have perused other judgments cited by Mr. Lathia as well as by Mr. Parikh. But considering the facts of this case, I do not think it relevant to discuss them here as the aforesaid decision of the Division Bench is sufficient for me to decide this appeal.