This Appeal under Section 173 of the Motor Vehicle Act, 1988 (in short, 'the M.V. Act') arise out of the judgment and award dated 07.04.2000 rendered in M.A.C.P. No.464/1991 by M.A.C. Tribunal (Main), Panchmahals at Godhra.
Short facts for which the claim petition was filed are as under :-
On 09.03.1991 at around 8.30 a.m. in Jamdar Village on Randhikpur - Piplod Road the accident occurred due to involvement of a vehicle namely a Tempo bearing Registration No.GRY-4614 and a claim petition was filed by the claimants of the deceased but the said appeal arise out of claim petition No.464/1991, where the claimant sustained bodily injuries. So far as permanent partial disability of upper limb it was determined as 90% but the claimants as well as the insurance company agreed that the total bodily disability as a whole was 40% and thus, the claim compensation was determined.
Learned Counsel for the appellant has raised various grounds for which enhancement is sought on awarding less amount of compensation for pain, shock and suffering and medical treatment and other such heads. For the sake of convenience, various heads on which the Tribunal awarded compensation, enhancement sought for and what can be awarded reads as under :-
Head As per Award by Tribunal (Rs.) Enhancement sought in Appeal (Rs.) Enhancement that can be given (Rs.) Future Loss 69,120 (4320x16)
-
-
Pain, Shock and Suffering 15,000 25,000 25,000 Medical 5,000 25,000 15,000 Actual Loss 4,500 (750x6) 5,400 (900x6) 5,400 Attendant and Convenience charges 3,000 10,000 10,000 TOTAL 96,620 1,34,520 1,24,520 Applicable rate of interest : 7% (15% as awarded by Tribunal).
Therefore, Rs.1,24,520 - Rs.96,620 = Rs.27,900 x 7% = Rs.1953/- per year.
Certain factual aspects remain undisputed and against admitted partial permanent disability of 40% by the parties, the amount of compensation awarded by the Tribunal is enhanced and the amount of difference of Rs.27,900/= to be deposited and paid to the claimant applicant @ 7% per annum from the date of the claim application. To the aforesaid extent only the appeal is partly allowed and the judgment and award of the Tribunal stands modified accordingly.
The deficit court fee, if any to be recovered in accordance with law from the appellant / claimant. Notice discharged.
Sd/-
(Anant S. Dave, J.) Caroline Top