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2013 DIGILAW 475 (GUJ)

Firozbhai Hussainbhai Sindha v. Kalubhai Samsherbhai Parmar

2013-08-05

M.D.SHAH

body2013
Judgment M.D. Shah, J.—This appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 4.8.2003 passed by the learned MAC Tribunal (Aux.), Fast Track Court, Vadodara, in MACP No. 1597 of 2003. 2. Facts in short are that claim petition was filed by the claimant claiming Rs. 20,00,000/- as compensation for injuries suffered by him in a vehicular accident which occurred on 4-8-2003 when the Hero Honda motor cycle No. GJ-6-AM-1847 which the claimant was riding reached near Mahuvad Village on Padra Road, it was dashed by jeep No. GJ-6-AB-6751 driven by its driver rashly and negligently causing grievous injuries to the claimant and other person. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal. 3. I have heard learned advocates, Mr. Hiren Modi for the appellant and has also gone through the oral as well as documentary evidence on record including the impugned judgment and award. 4. The learned advocate, Mr. Hiren Modi for the appellant has restricted his arguments only on the quantum awarded. It is submitted that the appellant received serious injuries in the vehicular accident and due to said injuries he suffered paraplegia and there is no element of sensing below spinal code in the lower limb and the applicant is totally bedridden. He was doing the business dairy parlour and agricultural work. He further submitted that he remained in hospital for considerable time and his spleen and intestine were removed and he cannot move without the help of others. It is therefore submitted that some amount may be additional granted since the amount of compensation awarded is on the lower side. 5. From the record and proceedings and from the impugned judgment, it appears that the appellant was aged about 28 years and was totally bedridden and is a paraplegic due to the vehicular accident. He was doing the business of dairy parlour and was also doing agricultural work. It is also noted that the appellant remained in hospital for considerable time and his spleen and intestine were removed. It is further pertinent to note that the appellant cannot move without the help of an attendant and during his whole life, he will require the services of an attendant. It is also noted that the appellant remained in hospital for considerable time and his spleen and intestine were removed. It is further pertinent to note that the appellant cannot move without the help of an attendant and during his whole life, he will require the services of an attendant. Considering the aforesaid facts and circumstances, this Court is of the opinion that if the claimant is awarded an amount of Rs. 2,70,000/- as additional compensation, ends of justice will be met. 6. Thus, this appeal is partly allowed. The claimant is entitled to a total additional amount of Rs. 2,70,000/- with interest @ 7.5% per annum as awarded by the Tribunal on the said additional amount from the date of application till realisation. The impugned judgment and award dated 4-8-2003 passed by the learned MAC Tribunal (Aux.), Fast Track Court, Vadodara, in MACP No. 1597 of 2003 is modified to the aforesaid extent. The Insurance Company shall deposit the additional amount with interest within a period of six weeks from today. The remaining part of the judgment and award would remain unaltered. 7. Office to send back the records and proceedings, if any, forthwith.