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1979 Supreme(Guj) 42

B.K.MEHTA, S.B.MAJMUDAR
MAHOMED HANIF DALLU – Appellant
Versus
LUNKARAN GANPATRAM SHARMA – Respondent


Advocates Appeared: N.OZA, S.B.VAKIL

S. B. MAJMUDAR, J.

( 1 ) MR. R. N. Oza the learned Advocate appearing for the appellantclaimant has addressed us in support of his appeal for enhanced compensation. Mr. Oza submitted that on the count of proper damages the appellant was entitled to compensation on four sub-heads:1. Prospective loss of future income;2. Compensation for pain shock and suffering undergone by the claimant;3. Compensation for loss of marriage prospects; and4. Adequate compensation which would take care of increased cost of living with which the appellant will have to undergo for the rest of his life. MR. Oza submitted that the Claims Tribunal has really not applied the correct test for computing the proper compensation. In view of the serious injuries sustained by the appellant both of his legs had been amputated and he is rendered a cripple for the rest of his life Mr. Oza submitted that the proper compensation should be awarded to the claimant on all the aforesaid heads. Mr. S. B. Vakil the learned Advocate appearing for the respondent No. 2 Insurance Company on the contrary supported the Award of the Claims Tribunal and submitted that it was within the permissible brakets.

( 2 ) NOW in order to apprec











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