The central legal point established in the judgment is the requirement to award just and adequate compensation in line with the evidence on record and to properly evaluate evidence in determining negligence.

JUDGMENT :

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 7.7.2005 passed by the learned Motor Accident Claims Tribunal (Aux.), 8th Fast Track Court, Rajkot in Motor Accident Claims Petition No.82 of 1996, the appellant has preferred present First Appeal for enhancement of the compensation amount awarded by the learned Tribunal.

2. The brief facts giving rise to present first appeal are as under:-

2.1 On 3.1.1996 at about 17.15 hours, the appellant was driving the vehicle being Luna Moped bearing registration No.GJ-3-L-8659. When he reached Sant Kabir Road, Rajkot at that time, from the wrong side, the opponent No.1 came with the vehicle being Luna Moped bearing registration No. GJ-3-B-1343 in rash and negligent manner and dashed with the Luna Moped of the appellant.

2.2 As a result of which, the appellant has sustained severe injuries on his body. Firstly he was taken to the Government Hospital Rajkot and thereafter, he was shifted to Private Hospital Rajkot, whereby he was taken treatment as an indoor patient and he was also undergone for various treatments. He was hospitalized for a period of 21 days.

2.3 In view of the above, facts the appellant has filed Motor Accident Claims Petition No.82 of 1996 before the Motor Accident Claims Tribunal (Aux.), 8th Fast Track Court, Rajkot for the compensation to the tune of Rs.4,00,000/-.

2.4 The learned Tribunal after evaluating the evidence placed on record and after taking into account the material available on record has passed the impugned judgment and award dated 7.7.2005 and awarded Rs.1,06,134/- towards compensation to the present appellant.

2.5 Being aggrieved and dissatisfied with the amount of compensation awarded by the learned Tribunal, the appellant has filed present First Appeal for enhancement of the compensation amount.

3. Learned advocate for the appellant has submitted that the learned Tribunal has not properly determined the income of the present appellant while awarding the compensation. He further submitted that the learned Tribunal has also committed an error by not awarding just and adequate compensation. He submitted that the learned Tribunal has considered 1/3rd negligency on the part of the present appellant – original claimant and 2/3rd on the part of the other vehicle involved in the accident, which is not proper. He therefore, submitted that the present appeal may be allowed and the compensation awarded by the learned Tribunal may be enhanced.

4. On the other hand, learned Counsel appearing for the respondent has supported the impugned judgment and award passed by the learned Tribunal. He has submitted that after taking into account all the relevant aspects and after evaluating all the evidence in proper manner, the learned Tribunal has passed the impugned judgment and award. He has further submitted that after applying its mind in proper manner, the learned Tribunal has passed the impugned judgment and award. He has submitted that looking to the facts and circumstances of the case, there is no need to interfere with the impugned judgment and award passed by the learned Tribunal. Hence, present First Appeal may be dismissed.

5. I have heard the learned Counsels appearing for both the sides and also perused the material available on record of the First Appeal and the impugned judgment and award passed by the learned Tribunal.

6. Looking to the facts and circumstances of the case, it appears that the amount which is awarded under the head of pain shock and suffering is not in consonance with the evidence on record.

7. In view of the above and in view of the recent judgments of Hon’ble Apex Court in case of Sarla Verma and others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 and National Insurance Company Limited Vs. Pranay Sethi and others, (2017) 16 SCC 680, the learned Tribunal has to award the just and adequate c