PRAJAPATI BHIKHABHAI DEVKARANDAS Vs. PRAJAPATI SURESHBHAI AMRATBHAI

JUDGEMENT

(1.) This First Appeal is filed by the appellant under Section 173 of the Motor Vehicle Act praying for modifying the judgment and order dated 7.5.2013 passed by the learned Motor Accident Claim Tribunal (Auxi), Mehsana in Motor Accident Claim Petition No.617 of 2010. He has prayed to award Rs. 25,000/- under the head of attendant and diet instead of Rs. 2000/-, Rs. 25,000/- under the head of actual loss of income instead of Rs. 6000/- and Rs. 50,000/- under the head of loss of enjoyment, and has prayed for awarding compensation by applying multiplier of 14.

(2.) It is the case of the appellant that on 13.6.2009 the appellant alongwith his relative went for social work to Ahmedabad on Motor Cycle No.GJ 2 AK 3241. After completing the social work at Ahmedabad they were going from Chhatral to Kadi for (darshan) praying Meldi Mata. At that time, one Sureshbhai was driving motorcycle and at 7:17 p.m. in the evening they were passing from Vardaini Page Computer Weighing Scale, opp. Swastik Ceramic Factory, at that time, he drove motorcycle on wrong side and dashed the pedestrian walking on the road. The appellant - Prajapati Bhikhabhai Devkarandas was sitting as pillion rider on the motorcycle and he also fell down on the road and sustained injury on the knee on the left leg and, therefore, he took treatment at Dr. G.K. Patel Hospital, Mehsana.

(3.) The appellant filed M.A.C.P. No.617 of 2010 which was disposed of by awarding the sum as indicated in the award.