Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

Nanalal Gothuji Mevadi vs Mahmadhusain Jivaji Vahora & 3S

High Court Of Gujarat|10 January, 2012
|

JUDGMENT / ORDER

By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimant has challenged the judgment and order dated 15th July 1997 passed by the learned Motor Accident Claims Tribunal (Main) Kheda at Nadiad in MAC Petition No.108 of 1988 whereby the Tribunal has awarded Rs.1,00,000 to the claimants as against their claim of Rs.1,50,000. 2 The short facts of the present appeal are that the applicant – appellant was going in rickshaw bearing registration No.GTJ 9449 on 2.9.1987 on Karamsad-Anand Road and when he reached the place of petrol pump at about 7 PM, a truck bearing registration No.GTG 3405 came there in excessive speed and dashed with the rickshaw because of which the appellant received injuries. His left leg was fractured and there was also fracture of left femur. He was hospitalised for the period from 2.9.1987 to 25.9.1987. He therefore filed claim petition claiming the compensation of Rs.1,50,000.
3 The learned Judge of the Tribunal considering 15% whole body disability of the appellant and considering the monthly income of the appellant at Rs.600/- arrived at Rs.90 as his monthly loss and at Rs.1080 per annum. Looking to his age of 27 years, the Tribunal applied the multiplier of 15 and awarded Rs.16,200/- under the head of future economic loss. He, then, awarded Rs.15,000 under the head of pain, shock and suffering, Rs.5,000 for treatment/medicines, Rs.5,000 for transportation, nursing care and special diet, Rs.2,000 under the head of attendant charges and Rs.5,000 under the head of actual loss of income. Thus, in all, a sum of Rs.48,200 is awarded to the claimant.
4 The reasoning adopted by the Tribunal is just and proper and no interference is called for. The appeal has no merits and therefore the same deserves to be dismissed and is dismissed accordingly with no order as to costs.
(K.S.Jhaveri, J.) *mohd
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Nanalal Gothuji Mevadi vs Mahmadhusain Jivaji Vahora & 3S

Court

High Court Of Gujarat

JudgmentDate
10 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Hm Parikh