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2013 DIGILAW 484 (GUJ)

Waghji Laxman Aayar v. Arjan Vala Ahir

2013-08-06

M.D.SHAH

body2013
Judgment M.D. Shah, J.—By this first appeal, the appellant herein – original claimant has challenged the judgment and award dated 12.02.2013 passed by the learned M.A.C.T. (Auxi), Kachchh at Bhuj in M.A.C.P. No. 114 of 2002. 2. That on 22.01.2002, the applicant was going with his father towards their home on foot and at that time, original opponent no. 1 who was driving the tractor in excessive speed dashed with the applicant from behind. As a result, the applicant received serious injuries on his right leg and became permanently partial disabled. Therefore, the appellant herein filed claim petition for compensation of Rs. 2,00,000/- from the respondents. The learned Tribunal after considering oral and documentary evidence by order dated 12.02.2013 partly allowed the claim petition of the appellant herein. Against the said award, the appellant – original claimant has preferred this appeal for enhancement of compensation. 3. It is submitted by learned advocate for the appellant herein that learned Tribunal has erred in not believing the documentary and oral evidence produced by the appellant herein. Therefore, it is requested to allow this appeal. 4. This Court has gone through the judgment and award dated 12.02.2013 passed by the learned Tribunal together with oral as well as documentary evidence on record. 5. It is not in dispute that in the accident, appellant received fracture injuries and he was operated twice for fixing and removing the plate. The age of the appellant at the time of accident was 17 years. This Court has gone through the decision of Hon’ble Apex Court in the case of Sarla Verma vs. Delhi Transport Corporation reported in (2009) 6 SSC 121. 6. Considering the age of the claimant and considering the nature of injuries, in opinion of this Court, it would be just and proper to award Rs.10,000/as additional compensation to the appellant – original claimant under the head of pain, shock and suffering and it would meet the ends of justice. 7. In view of above, the first appeal is partly allowed. The appellant – original claimant is entitled to get additional compensation of Rs. 10,000/- (Rupees Ten Thousand only) with 7.5% interest on the additional compensation from the date of filing of the claim petition. Judgment and award dated 12.02.2013 passed by the learned M.A.C.T. (Auxi), Kachchh at Bhuj in M.A.C.P. No. 114 of 2002 is modified to the aforesaid extent. The appellant – original claimant is entitled to get additional compensation of Rs. 10,000/- (Rupees Ten Thousand only) with 7.5% interest on the additional compensation from the date of filing of the claim petition. Judgment and award dated 12.02.2013 passed by the learned M.A.C.T. (Auxi), Kachchh at Bhuj in M.A.C.P. No. 114 of 2002 is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. Record and Proceedings, if any, be sent to the concerned Tribunal forthwith.