Chhaganbhai Babarbhai Godigajbar vs Nandgopal Parthasarathi Mudliyar and Others

M.D. Shah, J.—This appeal is filed against the judgment and award dated 30.12.1992 passed by the learned Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claim Petition No. 443 of 1985. The brief facts leading rise to filing of this appeal are such that the appellant sustained injuries in an accident which took place involving Truck No. AAC 9547 and Ambassador Car No. GRA 7173 on 3.3.1985. The appellant filed claim petition being Motor Accident Claim Petition No. 443 of 1985, wherein the learned Tribunal passed the award granting compensation of Rs. 14,300/- with interest @12% per annum from the date of application till realization. Hence, this appeal is filed praying for enhancement of compensation.

Heard learned advocates for the parties. Learned advocate Mr. Bhatt for the appellant submits that the appellant received injuries of fracture on nasal bone and he underwent operation. He was remaining at house for rest for one month and no amount is paid towards the loss of income for this period. He also submits that the Tribunal has only awarded Rs. 10,000/- under the head of pain, shock and suffering though the claimant is entitled to get Rs. 21,200/- under this head. The total claim was for Rs. 30,000/-, however, the learned Tribunal has awarded Rs. 14,300/- and so this appeal is filed for Rs. 15,700/-.

Learned advocates for the respondents submit that the judgment and award passed by the learned Tribunal is just and proper and not required to be interfered with by this Court.

This Court has gone through the judgment and award passed by the learned Tribunal. Considering the fact that the appellant received injuries of fracture and has undergone operation and considering the medical treatment received by him, in opinion of this Court, if Rs. 10,000/- will be awarded as additional compensation with 9% interest, then it will meet the ends of justice. In view of the above, this appeal is partly allowed. The appellant is entitled to get Rs. 10,000/- as additional compensation with 9% interest per annum from the date of application till realization. The judgment and award dated 30.12.1992 passed by the learned Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claim Petition No. 443 of 1985 is modified to the aforesaid extent. Decree be drawn accordingly.