NARAYAN H KARAMCHANADANI Vs. RAMESH J PATEL

JUDGEMENT

(1.) The claimant, being aggrieved by the award dated 17th August, 1983 passed by the learned Motor Accident Claims Tribunal No.IV (Auxiliary), Ahmedabad in M.A.C.T. Application No.140 of 1982, is before this Court with a submission that the learned Tribunal below erred in awarding only a sum of Rs. 34,000/- though the claimant was entitled to much more.

(2.) As the respondents have not filed any cross appeal, nor have filed any cross objections in this matter, this Court is not required to look into the rashness, negligence, cause of the accident and liability of the respondents to pay the compensation amount to the appellant. This Court would only see that whether the learned Tribunal below was justified in awarding Rs.34,000/- and whether there is any scope for enhancement.

(3.) After taking me through the evidence and the findings recorded by the learned Tribunal below, Ms. Hetvi Sancheti, learned Counsel for the appellant, submitted that the learned Tribunal below was unjustified in not awarding proper amount under the head of loss of future income, erred in not awarding proper amount under the head of medical expenses and further erred in awarding less amount under the head of pain, shock and suffering. She also submitted that under the head of current loss of income, the learned Tribunal below only awarded a sum of Rs.6,000/-, while, in fact, the claimant was entitled to a sum of Rs.9,000/-.