1.0 This appeal is directed against the judgement and award dated 20.05.1996 passed by learned Motor accident Claims Tribunal (Main), Jamnagar in Claim Case No.275 of 1990 wherein the Tribunal has awarded a sum of Rs.1,30,500/ along with interest at the rate of 12% per annum from the date of petition till payment.
2.0 In the present case the applicant sustained injuries in a motor vehicular accident which had taken place on 27.07.1990 near village Dhunvav on JamnagarRajkot highway. He was traveling in a motor car and at that time the car turned turtle and he suffered injuries. Therefore the aforesaid claim petition came to be filed wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the Tribunal erred in coming to the conclusion that the accident was caused due to the rash and negligent driving of the car. He further submitted that the Tribunal ought not to have awarded various amounts under various heads.
4.0 ` Learned Advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 I have heard the learned Advocate for the appellant and perused the relevant evidence on record. The Tribunal in para 8 of the judgement it is held as under:
“8.. The claimant's oral testimony Exh. 16 para 2, medical certificate Exh. 28 and 29, case papers Exh. 30 and disability certificate issued by Dr. Dangar, which is at Exh. 38, and another disability certificate issued by Dr. Falia on 23. 01. 1991 and the photographs of the applicant/claimant, if all perused together, would show that the applicant/claimant had sustained injury over head and left upper limb. He had become unconscious after receiving these injuries. He was admitted in Irwin Hospital, Jamnagar and from there he was referred to Civil Hospital, Ahmedabad, where scanning was done. From there he was again admitted in private Orthopedic Hospital in Jamnagar where operation was performed for the fracture of radius and ulna of left side and he was treated as indoor patient for about 12 days. Then again he had taken treatment as O.P. D Patien to Irwin Hospital, Jamnagar, Physiotherapy treatment appears to have been taken right from 26. 08. 1990 to 24. 01. 1991. Thereafter, the applicant approached Dr. Dangar for the purpose of assessment of disability and Dr. Dangar examined him and certified that he had suffered permanent disability to the extent of 30%. He also approached Dr. Falia on 23. 01. 1991 for the purpose of disability certificate and in the opinion of Dr. Falia he has suffered p permanent partial functional disability of 20% of body due to right sided facial nerve palsy and head injury. On examination by Dr.
Falia, be found that right side upper eye lid of the claimant had become weak. The movement of right nostril was less, he was experiencing difficulty in blowing mouth as the air was found leaking from right corner of the mouth. Considering all these examination findings, Dr. Falia assessed disability to the extent of 20% as aforesaid. The photographs of the applicant/claimant which are at Exh. 32, would also show that on account of the accidental injuries, the applicant's face is disfigured. The left eye has also been affected. The applicant was 35 years of age at the time of accident. Considering all these factors, I award Rs. 12, 000/ as compensation on account of pain and suffering, undergone and likely to be undergone by him and Rs. 10, 000/ on account of disfigurement of fact and eye. “
6.0 Thus, the Tribunal has awarded the amount after considering all the facts and circumstances of the case.
7.0 The appellant could not persuade this court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
6.0 In the premises aforesaid I do not find any merits in the appeal.
The same is therefore dismissed.
(K.S.JHAVERI, J.) niru*