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By filing this appeal, the appellant insurance company has challenged the judgement and award dated 6/6/1994 passed by the Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur in M.A.C.P. No. 330/1985.

Brief facts of the present appeal are that on 21/4/1985 at around 6 a.m., the respondent original claimant was travelling in Jeep No. GJV 5000. The said Jeep was being driven from village Un and it was proceeding towards Thara. When the Jeep reached near village Saupura, one public carrier bearing No. HRV 2935 came in rash and negligent manner with an excessive and uncontrollable speed. In this unfortunate accident, deceased Rakeshbhai Kirtilal @ Lelchand sustained grievous injuries. There was fracture of 5th vertibrae of spinal cord. Due to that injury, whole body of the deceased Rakeshbhai was paralysed from neck to entire lower extremity. There was paralysis on both legs and both hands. Moreover, the deceased Rakeshbhai died after about 92 months after the date of accident.

I have heard learned advocate for the parties at length and in great detail. I have also perused the judgement and award passed by the Claims Tribunal as well as oral and documentary evidence. It is an admitted fact that the deceased Rakeshbhai received serious injuries due to said accident. He was admitted in the V.S.Hospital at Ahmedabad on the same day for one month. Three operations were performed on his body. There was complete paralysis right from neck to entire lower extremity including both legs and hands of Rakesh. He was not even in a position to move a single step even. Thereafter, he was under treatment for a continuous period of 92 months. There is no doubt that he died due to injuries received by him. Therefore, the Claims Tribunal has awarded Rs. 4,34,000/- under the head of medical expenses, transportation and attendance charges.