NILESH MADHUBHAI PATEL Vs. RAFUBHA NANABHA PARMAR

JUDGEMENT

(1.) Mr.J.M. Barot, learned counsel for the appellant and Mr.V.C. Thomas, learned counsel for the respondent No.2. None for the respondent Nos.1 and 3.

(2.) The appellant, being aggrieved by the award dtd.30/5/1984 passed by the Motor Accident Claim Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.3 of 1983, is before this Court with a submission that the tribunal was unjustified in awarding less amount qua entitlement of the claimant. In absence of any Cross Objection or Cross Appeal, this Court is not required to detail the facts. The court is not required to consider the question of rashness, negligence and liability of the driver and the Insurance Company.

(3.) A polio affected cyclist was crushed by a truck which led to various injuries. On the physical examination, fracture over pelvis and lower abdomen, contusion of bladder, retro-peritoneal haemorrhage, rupture of right kidney, abrasions over right groin, abrasions over right lumber region, and abrasions over hands were found. The injured was treated time and again and ultimately his right kidney had to be removed because of the injuries suffered. Even according to the findings of the tribunal, the claimant has become glassware who would require a permanent care.