The main legal point established in the judgment is the assessment of compensation for loss of dependency, pain, shock, and suffering, and medical expenses incurred by the deceased in a vehicular accident.

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Vadodara (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No. 1733/2004 by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs. 2,12,000/- to the original claimant (wife of the deceased) towards compensation for the death of the deceased Bachubhai Rambhai Bhaniyara, who died in a vehicular accident, original claimant has preferred the present First Appeal for enhancement of the compensation.

2. That in a vehicular accident which took place on 08.05.2004 at about 8.30 a.m. in the morning near Bhaniyara Bus Stand and when the deceased Bachubhai was going to offer service in the medical camp, due the rash and negligent driving of the original opponent No. 1, the deceased sustained serious injuries and he was initially hospitalized at Sangam Hospital for the period between 08.05.2004 to 03.06.2004. Thereafter, again he was hospitalized in one Unity Hospital for the period between 13.06.2004 to 03.08.2004 and thereafter he was shifted to the hospital of Dr. Mihir Patel after 03.08.2004 where he died on 08.08.2004. Therefore, the original claimant - widow of the deceased filed the aforesaid claim petition towards compensation for the death of the deceased Bachubhai, who at the time of accident was aged 72 years of age and was a Senior Ayurvedic Doctor. That the original claimant claimed Rs. 7,20,000/- towards future loss of dependency; Rs. 3,80,719/- towards medical expenses of Sangam Hospital and Unity Hospital; Rs. 4660/- towards professional fees of Dr. Mihir Patel; Rs. 1,00,000/- towards pain, shock and suffering; Rs. 28,014/- towards actual loss of income and other amount under conventional heads.

2.1 To prove the income and to prove that the deceased died because of the vehicular accident, the original claimant examined herself at Exh. 19. The original claimant also heavily relied upon the documentary evidences produced at Exhs. 32, 33 and 34.

2.2 To prove the income the original claimant also examined one Sureshbhai Melabhai Chauhan at Exh. 37, who was serving as a Compounder with the deceased. The original claimant also examined the Accountant Sanjaykumar Chhotalal Babariya at Exh. 48 to prove the income of the deceased. The original claimant also examined Dr. Mihir Jagdishchandra Patel at Exh. 38.

2.3 The claim petition was opposed by the insurer by denying the total negligence on the part of opponent No. 1. It was also specifically denied that the deceased died because of the injuries sustained by him in vehicular accident.

2.4 That on appreciation of evidence the learned Tribunal has held the original opponent No. 1 sole negligent for the accident. That on appreciation of evidence the learned Tribunal has assessed the income of the deceased notionally at Rs. 2000/- per month, however considering the age of the deceased as 72 years, the learned Tribunal has awarded a lump sum Rs. 40,000/- towards loss of dependency. That the learned Tribunal has awarded Rs. 1,35,000/- towards the expenses while the deceased was admitted in the Sangam Hospital, however learned Tribunal has not awarded any amount towards the expenses incurred by the deceased while taking medical treatment at Unity Hospital on the ground that no medical bill has been produced with respect to the medical treatment taken by the deceased at Unity Hospital. That the learned Tribunal has awarded Rs. 20,000/- towards pain, shock and suffering; Rs. 10,000/- towards special diet etc. and Rs. 3000/- towards funeral expenses. Thus, by impugned judgment and award the learned Tribunal has awarded a total sum of Rs. 2,12,000/- towards compensation with interest at the rate of 8% per annum.

2.5 Feeling aggrieved and dissatisfied with the impug