AMARBEN BACHUBHAI VAIDYA (NAGLA) Vs. RAJENDRABHAI DAHYABHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Vadodara (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.1733/2004 by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs.2,12,000.00 to the original claimant (wife of the decesaed) towards compensation for the death of the deceased Bachubhai Rambhai Bhaniyara, who died in a vehicular accident, original claimant has preferred the present First Appeal for enhancement of the compensation.

(2.) That in a vehicular accident which took place on 8/5/2004 at about 8.30 a.m. in the morning near Bhaniyara Bus Stand and when the deceased Bachubhai was going to offer service in the medical camp, due the rash and negligent driving of the original opponent No.1, the deceased sustained serious injuries and he was initially hospitalized at Sangam Hospital for the period between 8/5/2004 to 3/6/2004. Thereafter, again he was hospitalized in one Unity Hospital for the period between 13/6/2004 to 3/8/2004 and thereafter he was shifted to the hospital of Dr. Mihir Patel after 3/8/2004 where he died on 8/8/2004. Therefore, the original claimant - widow of the deceased filed the aforesaid claim petition towards compensation for the death of the deceased Bachubhai, who at the time of accident was aged 72 years of age and was a Senior Ayurvedic Doctor. That the original claimant claimed Rs.7,20,000.00 towards future loss of dependency; Rs.3,80,719.00 towards medical expenses of Sangam Hospital and Unity Hospital; Rs.4660.00 towards professional fees of Dr. Mihir Patel; Rs.1,00,000.00 towards pain, shock and suffering; Rs.28,014.00 towards actual loss of income and other amount under conventional heads.

(3.) Shri Mohsin Hakim, learned advocate appearing on behalf of the appellant has vehemently submitted that the learned Tribunal has materially erred in assessing the income of the deceased at Rs.2000.00 per month.