SURENDRA MOHAN BAHADUR KAPIL Vs. DEVJIBHAI B CHAUDHARY

JUDGEMENT

(1.) Being aggrieved by the award dated 27th October, 1980 made by the learned Member, Motor Accident Claims Tribunal No.4 (Auxiliary), Ahmedabad in Motor Accident Claims Petition No.127 of 1979, the appellant-original claimant has filed this appeal seeking enhancement in the compensation amount.

(2.) As the respondents have not filed any cross appeal or cross objections, I will have to hold that the responsibility of the respondents now cannot be challenged. Under the circumstances, it is not necessary even to refer to the facts, which led to filing of the claim petition.

(3.) Shri Raval, learned Counsel for the claimants, submits that in view of the injuries suffered by the claimant, the award of sum of Rs.7,500/- towards pain, shock and suffering was suffering with the vice of low compensation and the same deserves to be enchanced. According to him, the claimant remained as an indoor patient for a period of five days and had to take leave for two months and had suffered shock and pain as a house patient for a period of two months. His submission is that in any case, the amount under the head of "pain, shock and sufferingà ¢ ¬Ãƒ 1/2 could not be less than Rs.15,000/-.