HANSRAJBHAI VASHRAMBHAI SONAGARA Vs. BABUBHAI ISMAILBHAI

JUDGEMENT

(1.) The present appeal is preferred by the original claimant seeking enhancement of compensation awarded by learned Motor Accident Claims Tribunal in the impugned judgment and award in Motor Accident Claim Petition No.384 of 1997 dated 28.2.2003.

(2.) The original claimant who was the victim of vehicular accident sustained serious injuries and about seven fractures on the left lower limb has preferred the present appeal, inter alia, contending that learned Tribunal has awarded very meager amount of compensation. It is further contended that learned Tribunal has failed to appreciate the evidence on record and wrongfully awarded compensation keeping in mind 20% disability body as a whole instead of 45% as certified by the L.G.Hospital. It is contended that learned Tribunal has also applied wrong multiplier while awarding future loss of income and committed grave error and compensation awarded by learned Tribunal is on lower side which is required to be enhanced on various heads in view of the grounds mentioned in the appeal memo.

(3.) The short facts giving rise to the present appeal are that on 12.12.1996 the appellant was returning from Botad to Ahmedabad in a Maruti Car No.GJ 1 421 and when he reached near Bagodra -Bawla Highway road, opponent No.1 came with a luxury bus No.GJ 3 T 9813 from opposite direction with excessive speed and dashed with the Maruti car wherein the appellant sustained serious injuries. Ultimately, the appellant filed the claim petition before learned Tribunal.