LAWS(GJH)-2017-5-169

JIVABHAI RUPABHAI BHOI Vs. RATANSINH PRATAPSINH CHARPOR

Decided On May 01, 2017
Jivabhai Rupabhai Bhoi Appellant
V/S
Ratansinh Pratapsinh Charpor Respondents

JUDGEMENT

(1.) This is an appeal at the instance of appellant-injured claimant, being aggrieved by the judgment and award dated 22/03/2016 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Sabarkantha in MACP No.876 of 2015 (old MACP No.726 of 2008) whereby the learned Tribunal has awarded compensation of Rs. 12,400.00.

(2.) By way of preferring this appeal, the appellant is seeking enhancement of the compensation.

(3.) The injured claimant, by way of present appeal, inter alia, contended that though he sustained 7% permanent disability of body as a whole and he suffered a lot and his injury over the lower limb was very severe which would remain for ever, the learned Tribunal considering that the injured claimant was government servant, has not awarded the amount of compensation for future loss of income on that count and the learned Tribunal failed to compensate on the other heads like loss of amenities of life and enjoyment as well as on other such heads available on such claim petition and had only awarded Rs. 12,400.00 which is even otherwise also less then Rs. 25,000.00 as envisaged under Sec. 140 of the Motor Vehicles Act, 1988 . Raising such other contentions, the appellant-original claimant has contended that the amount of compensation may be suitably enhanced so that it may become just compensation.