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Showing contexts for: Massage in Bhavik @ Bhavin Dwarkadas Vithlani vs Ganpatsinh Manubha Jadeja on 19 January, 2021Matching Fragments
Heads Amount
Future loss of income 12,09,600=00
Pain, shock & suffering 2,00,000=00
Loss of amenities and enjoyment 1,00,000=00
of life
Attendant Charges, Special diet 1,00,000=00
and Transportation
Medical expenses 8,04,000=00
Physiotherapy treatment and 1,00,000=00
massage charges
Future medical expenses 1,00,000=00
Total compensation ... ... 26,13,600=00
(4.2) Learned advocate Mr.Rachh has further submitted that the Tribunal has erred in awarding in all total amount of only Rs.1,00,000/ for future medical expenses and Rs.1,00,000/ towards attendant charges, special diet and transportation by ignoring the relevant evidence. He has referred to the deposition of witness Dr.Dineshbhai Gajera (Exh.44), who has opined that the future medical expenditure would be around Rs.10,000/ per month. It is submitted that the appellant is bedridden since the date of the accident and is almost living in a state of coma. It is submitted that for all these years, the appellant has been incurring huge expenses of almost Rs.1,00,000/ per month towards medical treatment, daily physiotherapy and massages, medicines, daily attendants charges of medical staff/helpers, etc. which C/FA/2015/2018 JUDGMENT will continue in future as well. It is submitted that considering, the condition of the appellant, the amount awarded for future medical expenses is on much lower side. Hence, the same may be enhanced.
(4.3) Learned advocate for the appellant has submitted that the Tribunal has erred in awarding an amount of only Rs.1,00,000/ for physiotherapy treatment and massage charges. It was submitted that the Tribunal has further erred in not appreciating that there is sufficient evidence on record in the form of examination of physiotherapists Mr.Ravibhai Khant (Exh.48) and Mr.Hitendrasinh Jadeja at (Exh.51), vouchers for the payment made by the appellant at Exh.49 and Exh.58 to Exh.60 etc., which clearly suggest that the appellant has incurred huge expenses towards physiotherapy and massage.
Heads Amount (in Enhanced Differential Rs.) amount (in amount awarded by Rs.) (in Rs.) the Tribunal awarded by this Court Future loss of 12,09,600=00 - -
income
Pain, shock & 2,00,000=00 10,00,000=00 8,00,000=00
suffering
Loss of amenities 1,00,000=00 2,00,000=00 1,00,000=00
and enjoyment of
life
Attendant Charges, 1,00,000=00
Special diet and
Transportation 15,00,000=00 13,00,000=00
Physiotherapy 1,00,000=00
treatment and
massage charges
Medical expenses 8,04,000=00 - -
Future medical 1,00,000=00 3,50,000=00 2,50,000=00
expenses
Total compensation 26,13,600=00 30,50,000=00 24,50,000=00