FA/927/1989 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 927 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? 1 to 5 NO ========================================================= MAHMAD DARUN & 2 - Appellant(s) Versus PARSHOTTAM MOHANDAS ALWANI - Defendant(s) ========================================================= Appearance : MR SUNIL PARIKH with MR RAJNI H MEHTA for Appellant(s) : 1 - 3. NOTICE SERVED for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 13/02/2008 ORAL JUDGMENT 1. The appeal, under the erstwhile provisions of section 110-D of the Motor Vehicles Act, 1939, was restricted to challenging the quantum of compensation to the extent of Rs.40,000/- only. The respondent-original FA/927/1989 2/3 JUDGMENT claimant, while going with his brother on bicycle on 25.11.1983 at about 12.25 p.m., met with an accident due to truck No.MWN 933 dashing with them. By an elaborate judgment dated 05.4.1989, Motor Accident Claims Tribunal, Ahmedabad, awarded Rs,75,500/- towards compensation to the respondent, who was aged 14 at the time of accident. According to the medical evidence of doctors treating him and examining him after several years, injuries to the skull of the claimant had resulted into headache with decrease of muscle strength of upper extremities and epileptic attacks, on the basis of which certificate of 70% disability was issued. However, in view of very coherent deposition of the applicant himself after five years of the accident and his being employed at that time, the Tribunal considered personal disability of 50%, his income to be Rs.600/- per month and yearly loss to be Rs.3,600/-. Applying multiplier of 15, the claimant was held to be entitled to compensation of RS.54,000/- for future loss of income, Rs.15,000/- for pain and suffering for the prolonged treatment, Rs.5,000/- towards medical expenses and Rs.1,500/- for transport charges and special diet. 2. In view of the conservative estimate of disability as well as future loss of income, the FA/927/1989 3/3 JUDGMENT impugned award is not required to be interfered for reducing the amount of compensation since the amount awarded by the Tribunal appears to be just and reasonable in the facts and circumstances of the case. Therefore, the appeal is dismissed with no order as to costs. Sd/- ( D.H.Waghela, J.) (KMG Thilake)