DILIPSINH HARCHANDBHAI RAVAL Vs. JENAJI BALVANTJI THAKOR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Banaskantha at Palanpur passed in Motor Accident Claims Petition No. 431 of 2010, by which, learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs. 6,16,400/- only towards compensation to the original claimant for the injury and permanent partial disability sustained by him, the original claimant has preferred present First Appeal requesting to enhance the amount of compensation.

(2.) That in a vehicular accident which occurred on 28.09.2007 at about 8 p.m. on Deesa Patan Highway Road, the original claimant sustained serious and severe injuries resulting into permanent partial disability. The factum of original claimant sustained the injuries and permanent partial disability is not in dispute.

(3.) Ms. Sandhya Natani, learned advocate for the original claimant has vehemently submitted that the learned Tribunal has materially erred in awarding the future loss of income considering the permanent partial disability at 45% only.