NARSINGH LAL SHAH Vs. KAMAL

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 24.7.2002 passed by the 5th M.A.C.T. (Fast Track), Ratlam in Claim Case No. 54 of 2001 whereby a sum of Rs. 50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

(2.) Learned counsel for the appellant submits that break up of Rs. 50,000 is as under: <FRM>JUDGEMENT_1844_ACJ_2006Html1.htm</FRM>

(3.) It is submitted that appellant was aged 68 years at the time of accident. He was contractor and agriculturalist. He was earning Rs. 70,000 to Rs. 80,000 per year. On account of accident the appellant was hospitalized in various hospitals at Baroda, Alot and Jawra. He was also treated at Khandwa, Indore and Nagda of which ample evidence is on record. Learned counsel for appellant further submits that appellant was having composite fracture of L-1 vertebra with fragmentation and more than 80 per cent compression with posterior bony fragments injuring the spinal cord. It is submitted that Dr. Kaushal Parikh, who is orthopaedic has issued certificate, Annexure P7, according to which appellant was having following complaints: