SAVJIBHAI PREMJIBHAI PATEL Vs. LABHUBHAI ARJANBHAI RAJPUT

JUDGEMENT

(1.) Appellant is original claimant and injured victim of road accident, whereas respondents are original opponents being driver, owner and insurer of both the vehicles involved in such accident. They are referred in their capacity before the lower Court.

(2.) The appellant has challenged the judgment and award dated 05.11.2001 by the Motor Accident Claims Tribunal (Aux. - II), of Ahmedabad (Rural) in Motor Accident Claims Petition No. 868 of 1991, whereby tribunal has while allowing the application for compensation filed by the present appellant, awarded an amount of Rs.1,51,000/ - to the appellant - claimant, for the accidental injuries suffered by him in a vehicular accident. Since none of the respondents have challenged such award, now there is no issue regarding their liability to pay compensation as per impugned award because appellant - claimant has challenged the award only on the ground of quantum of compensation awarded to him. However, even for scrutinizing the impugned judgment that whether the award of compensation is just and reasonable or not, the basic information needs to be recollected before deciding this appeal finally. If we peruse the impugned judgment, it transpires that two vehicles bearing No. GJ N 7070 and GJ F 2994 were collided with each other on 19.11.1990 near Fatepura on Bagodara - Dhandhuka Highway, wherein claimant is passenger in one of the vehicle, has received as many as seven fractures (five on right hand and one each on left hand and leg). Therefore, there is no involvement of the claimant in the accident and hence this is a case of composite negligence between two tort fessers and, therefore, claimant is entitled to receive full set of compensation from all the opponents jointly and severally. There is no dispute to such preposition and direction in the impugned judgment and, therefore only issue which needs to be scrutinized is to ascertain that whether tribunal has awarded just and reasonable compensation to the claimant or not. For the purpose, following information is material: -

(3.) As against the the tribunal has awarded following amount of compensation: Rs.72,000/ - towards future loss of income, Considering Rs.2000/ - as earning capacity with 20% disability Rs.15,000/ - towards pain shock and suffering; Rs.51,000/ - towards medical bills;