RAMSINH HARISINH RAJPUT Vs. PABA DEVA RABARI

JUDGEMENT

(1.) The appellant in this appeal under Section 173 of Motor Vehicle Acts, 1988 is seeking enhancement in the compensation awarded by 7th (Adhoc) Additional District Judge, Kachchh at Bhuj by his judgment and award dated 18.08.2015 rendered in M.A.C.P. No.173 of 2001.

(2.) The brief facts necessary for the disposal of this appeal are that on 08.01.2001, the appellant was standing alongwith his handcart near the office of Harish Transport situated near Bhid Bazar Post Office when Truck No.GJ-02-T-7837 was parked at some distance, around 11.25 hours. The respondent no.1, while in the employment of respondent no.2 without giving any signals or without blowing horn and in the absence of his cleaner, took the Truck in reverse abruptly and collied his Truck with the appellant. Due to this accident, appellant has sustained injuries over left leg, thigh and other parts of the body. Initially the appellant was admitted in Government Hospital, Bhuj and thereafter he was referred to the Government Hospital, Ahmedabad, where the left leg of the appellant had been amputated during the course of treatment. Due to this vehicular accident and injury caused to the appellant, he has been permanently and totally disabled because of rash and negligent driving of respondent no.1. The appellant has been hospitalized as indoor patient and has been advised rest, rich diet and long term treatment. The appellant has paid Rs.2,00,000/- for the medicines and rich diet of till now. The appellant was working as labourer and used to earn Rs.6,000/- per month but due to injuries caused in this vehicular accident, he was not able to attend his work for the period from 08.01.2001 till date. The appellant was not in a position to attend his work, the income of the appellant would be increase from time to time and he would have been earning Rs.9,000/- per month, if he has not caused injuries due to this accident. Stating all these facts, the appellant has claimed Rs.21,00,000/- by filing M.A.C.P. No.173 of 2001 before the Motor Accident Claim Tribunal from all the respondents with the prayer that respondents were liable to pay this compensation jointly and/or severally to the appellant.

(3.) The Tribunal by the impugned judgment and award partly allowed the claim petition and awarded a sum of Rs.8,67,500/- with 9% interest at proportionate costs to be recovered jointly and severely from the respondents. The appellant is not happy with the quantum of compensation and therefore, he is before this Court with this appeal.