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2022 Supreme(Guj) 1631

NIRAL R. MEHTA
Wahidsab Badasabmiya Saiyed – Appellant
Versus
Hardevsingh Mahednrasing Jat [Deleted] – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kartikey P Rawal
For the Respondent: Mr Sunil B Parikh

JUDGMENT :

1. Feeling aggrieved and dissatisfied by the judgment and award dated 30.11.2005 passed in Motor Accident Claims Petition No.867 of 1998 by learned Motor Accident Claims Tribunal (Aux.), Judge, Court No.13, Ahmedabad, the appellant – original claimant has preferred the present appeal under section 173 of the Motor Vehicles Act (“the Act” for short).

2. The original claim of the claimant was for Rs.20,00,000/-. However, the Tribunal has awarded a sum of Rs.8,34,420/- with 7.5% interest under the various heads as under :

Future loss of income

Rs.5,46,720/-

Loss of income

Rs.72,000/-

Pain, Shock and Suffering

Rs.50,000/-

Tickets and travelling expenses

Rs.11,769/-

Medical treatment

Rs.1,34,000/-

Special diet and attendant charges along with transportation charges

Rs.20,000/-

Total

Rs.8,34,420/-

3. It is the case of the claimant that on 30.8.1997 the claimant along with one Cleaner were going to Jaisalmer. The claimant being the driver was driving Swaraj Mazda truck loaded with ice-cream bearing No.GJ 1 T 7420. While the truck d

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