FA/232/1990 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 232 of 1990 HONOURABLE MR.JUSTICE KS JHAVERI ====================================================== 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 ? ===================================================== MINOR HAFIZ JAMAL MOPHMADUMMAR - Appellant(s) Versus MOHANSING U RAJPUT & 1 - Defendant(s) ====================================================== Appearance : MR AJ PATEL for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1, MR HJ BHATT for Defendant(s) : 2, MR MAULIK J SHELAT for Defendant(s) : 2, ====================================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/01/2008 FA/232/1990 2/3 JUDGMENT ORAL JUDGMENT 1. This appeal is directed against the judgement and award dated 31st August 1989 passed by Motor Accident Claims Tribunal No.1 (Main), Ahmedabad in Motor Accident Claim Application No.5 of 1988. 2. The claim application was filed by minor Hafiz Jamal Mohmmadummar through her father, claiming compensation in the sum of Rs.75000 (which was later on reduced to Rs.25000/-) on account of injuries sustained by her in an accident occurred on 18th December 1986 with an auto rickshaw bearing No.GTM 3306. The said application came to be partly allowed and the Tribunal awarded a sum of Rs.10000/- to the claimant along with interest at the rate of 12% . Feeling aggrieved that the compensation awarded is inadequate, the present appeal has been filed. 3. Learned Advocate appearing for the appellant submitted that the Tribunal ought to have awarded the entire amount of compensation as claimed by the appellant and the interest rate should have been 13% instead of 12%. 4. Learned Advocate appearing for the respondent no.2 submitted that the Tribunal has rightly passed the award in question and there is no scope for enhancement of claim amount on any count. 5. From the record it is evident that the Tribunal has found that the claimant has produced only bills of Rs.1978 in respect of medical expenses, conveyances, special diet, etc. Therefore the Tribunal was of the opinion that at the most a sum of Rs.2000 can only be awarded on that account. The mother of the injured was doing tailoring work from FA/232/1990 3/3 JUDGMENT which she was earning Rs.15 to 20 per day.The Tribunal further found that the injuries were not such that for the whole day the injured required services of an attendant like mother. In this case no surgical operation was performed and there was only fractured bones which also showed well union after two and half months. Thereafter the injured was able to walk with full weight. The Tribunal also did not find any adverse effect on the working capacity of the injured claimant. It was also recorded by the Tribunal that the very fact that the minor injured was kept under plaster only for a period of two and half months, it would go to show that she was completely recovered during the said period and therefore the pain, shock and suffering was only for a shorter period. Considering all these aspects the Tribunal has awarded a sum of Rs.10000/- to the claimant by way of compensation. It cannot in any manner said to be inadequate. Learned Advocate for the appellant has failed to point out any reason to enhance the compensation awarded by the Tribunal. Further, looking to the year of the accident in question, the interest at the rate of 12% is just and proper. I am in complete agreement with the reasonings adopted and findings arrived at by the learned Tribunal and no case is made out to case interference in this appeal. 6. In the premises aforesaid, there are no merits in the appeal and the same is therefore dismissed. No order as to costs. [K.S. JHAVERI, J.] ar.