LAWS(GJH)-2018-3-167

KHUMANSINH RATANSINH GOHIL Vs. R P PANDIAN

Decided On March 22, 2018
Khumansinh Ratansinh Gohil Appellant
V/S
R P Pandian Respondents

JUDGEMENT

(1.) This is an appeal preferred by the original claimant seeking enhancement of compensation awarded by learned Tribunal vide judgment and award passed by the Motor Accident Claims Tribunal, Bharuch in MACP No.647 of 1996 dated 28.10.2005.

(2.) The original claimant by way of preferring the present appeal inter alia contended that though due to accidental injury, claimant had undergone prolonged indoor treatment for about 501 days in various hospitals. During such sort of treatment the claimant derived permanent disability of his lower limb and he had undergone very serious operations several times including planting bone marrow and during this period, he had undergone great pains, shocks and sufferings and he was kept away from his usual course of day as well as his service. Though, the learned Tribunal failed to appreciate the evidence in its proper perspective and very meagre compensation is awarded upon the various heads available to the facts and circumstances of the case and further urged that the award of compensation may be enhanced.

(3.) Since, this appeal involves only question of award as regard to the quantum of compensation, this Court has concentrated upon that aspect only.