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2025 Supreme(GUJ) 308

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
BABUBHAI VIRABHAI – Appellant
Versus
JABIZ ROHINTAN SABVALA – Respondent


Petitioner Advocates:MS AMRITA AJMERA(5204) ,Respondent Advocate: RULE SERVED(64)

ORDER :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 8.8.2019 passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No.201 of 2016.

2. Brief facts of the case are as under:

2.1 That on on 06.03.2016 at about 9.00 pm the appellant was driving his motor cycle at moderate speed following traffic rules and when he reached near Chamunda Dharamshala, on Chotila-Rajkot Highway at that point of time opponent car came from behind and rammed into the motorcycle due to which the appellant received serious injuries over his body.

3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc.

3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal

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