RADKIBEN R GAVIT Vs. HARSHADBHAI GHELABHAI DESAI

JUDGEMENT

(1.) The claimant Radkiben and the claimant - Maganbhai, being partly aggrieved by the award dated 29th February, 1988 passed by the learned Member, Motor Accident Claims Tribunal, Valsad at Navsari in M. V. Claim Petition No.404 of 1984 and M. V. Claim Petition No.405 of 1984, are before this Court seeking enhancement in the amount of compensation.

(2.) The respondents have not filed any Cross Appeal or Cross Objections, therefore, this Court is not required to enter into the factual aspects of the case. The appellant in each of the case is challenging the quantum of the amount, therefore, this Court is required to look into the losses suffered by the dependents/injured and whether their future is marred and to what compensation, they are entitled.

(3.) The claimant-Maganbhai in M. V. Claim Petition Case No.405 of 1984 has been awarded a sum of Rs.2,180/- with interest @ 9% per annum. It has come on the record that he was hospitalised between 11th August, 1984 to 16th August, 1984, i. e. for a period of six days. Though he said that he spent a sum of Rs.5,000/- towards medical expenses and medicine, but, he did not produce any documents. Even otherwise, from the records, it clearly appears that his injuries were minor injuries and did not cause any permanent or partial permanent disability. The learned Tribunal below awarded a sum of Rs.2,000/- for the medical and other charges and also awarded a sum of Rs.180/- towards the loss of income for six days.