The main legal point established in the judgment is the determination of just compensation for personal injury under the Motor Vehicle Act, based on the extent of disability and relevant legal precedents.

JUDGMENT :

1. The present First Appeal under Section 173 of the Motor Vehicle Act is filed against the judgment and award dated 21.06.2008 passed by M.A.C.T. (Auxiliary), Fast Track Court No.2, District : Vadodara in M.A.C.P. No. 203 of 1994 insofar as it relates to present appellant - original claimant.

2. The brief background of the fact which has given rise to present appeal is that on 14.09.1993, the injured and his friend were standing near Kunj Plaza Apartment on Rajmahel road and at that time, the original opponent No.1 driver of the S. T. Bus No. GJ-1-Z-1688 came from the S. T. Depot side in rash and negligent manner and dashed with Manojkumar and injured applicant. The S. T. Bus was going Vadodara to Surat. On account of the said accident for a primary medical treatment both the injured were taken to S. S. G. Hospital and during hospitalization, one of the injured Manojbhai was died whereas the appellant - original claimant sustained serious injury on head. On account of this head injury as well as eye injury, the appellant could not see, also could not hear anything nor in a position to speak and there was a severe pain on the chest, neck, both the hands were also not working and femur bone fracture on the left leg as well as both legs were injured and on several parts of the body, there are serious injuries and the appellant had to remain as indoor patient and he was taking treatment and had to remain in hospital for a period of 50 days in Mayo Hospital.

2.1 Since the appellant was at a relevant point of time aged about 25 years and was serving as an Accountant in M. S. University of Vadodara, drawing salary of Rs.2,000/- per month. Hence, had to file claim petition for seeking a compensation to the extent of Rs.10,00,000/-. Simultaneously, a complaint was also filed pursuant to such accident in Raopura Police Station, which was registered as I-C.R. No.232 of 1993.

2.2 The said petition was registered as M.A.C.P. No.203 of 1994, which came up for consideration and after adjudication, the learned Tribunal vide judgment and award dated 21.06.2008 was pleased to allow the claim petition in part. The operative part of the said judgment reads as under:-

"The claim petition is partly allowed.

The applicant is entitled to get Rs.3,98,210/- with interest of 7.5% per annum from the date of claim petition till final disbursement. So, the applicant is entitled to get amount of the claim from Opponent Nos.1 and 2 - Driver and Owner of the S T Bus No: GJ-1-Z-1688.

The applicant No.1 is entitled to get 30% amount of compensation in cash and 70% amount of compensation be deposited in the name of the applicant in any Nationalized Bank for a period of five years. Applicant is entitled to get interest quarterly. Applicant is not entitled to get any loan or advance without prior permission of this Tribunal.

The opponents Nos.1 and 2 are also directed to deposit the aforesaid amount of compensation with interest in this Tribunal within a period of two months.

On depositing the amount of compensation, court fee be deducted if any.

Amount of interim compensation under section 140, if any paid to the applicant; said amount shall be adjusted against the amount of final award.

Opponent has to pay the cost to applicant.

Award be drawn accordingly."

2.3 It is this judgment and award since found to be in adequate, the present appellant has brought present First Appeal before this Court for seeking higher compensation by raising multiple contentions. The appeal after having been admitted on 17.04.2009 has come up for consideration finally, in which, Mr. M. T. M. Hakim, learned advocate has represented the appellant - original claimant whereas Mr. Hardik C. Rawal, learned advocate has represented original opponent No.2 - Gujarat State Road Transport Corporation.

3. Mr. M. T. M. Hakim, learned advocate appearing for the appellant has vehemently co