NEUTRAL CITATION
C/FA/555/2010 ORDER DATED: 18/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 555 of 2010
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MAISHARI @ SHAH AMIT CHANDRAKANT
Versus
BALMUKUNDBHAI GANGARAMBHAI PATEL & 1 other(s)
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Appearance:
MR. D. P. KINARIWALA(410) for the Appellant(s) No. 1
MR. R.D.KINARIWALA(6146) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 2
MR HG MAZMUDAR(1194) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/09/2023
ORAL ORDER
1. Being dissatisfied with the quantum of compensation, the appellant - original injured claimant has filed present appeal, assailing the judgment and award dated 22.09.2003, in MACP No.752 of 1999, passed by the MACT (Aux.), Court No.19, Ahmedabad City.
2. Facts and circumstances giving rise to file present appeal are that the appellant met with an accident when he was aged about 16 years studying in 9th Standard. The accident took place on 20.12.1997, when he was going to school upon ridding bicycle. The truck in question gave a dash to the bicycle by coming from behind, as a result of which, four fingers of the right foot were amputated by undertaking surgery. The petition claiming compensation under the provisions of the Motor Vehicle Act, being MACP No.752 of 1999 was being filed joining the owner and Page 1 of 4 Downloaded on : Mon Sep 18 20:48:27 IST 2023 NEUTRAL CITATION C/FA/555/2010 ORDER DATED: 18/09/2023 undefined Insurance Company of the truck. The claim Tribunal, after considering the oral as well as documentary evidence, on the issue of negligence, held that the truck driver was negligent in causing the accident. On the issue of quantum, learned Tribunal awarded the following amount under the different heads:
(1) Rs.50,000/- For treatment and medicines
(2) Rs.35,000/- Loss of marriage prospects
(3) Rs.3,000/- For attendant charges
(4) Rs.3,000/- For special diet
(5) Rs.2,000/- For transportation charges
(6) Rs.1,51,200/- For future loss
(7) Rs.50,000/- For pain, shock and suffering
(8) Rs.10,000/- For future operation
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Rs.3,04,200/-
3. Being dissatisfied with the aforesaid amount, the appellant has filed present appeal under Section 173 of the Motor Vehicle Act, seeking enhancement of compensation.
4. This Court has heard learned counsels Mr.D.P. Kinariwala and Mr.H.G. Majmudar for the respective parties.
5. Learned counsel Mr.Kinariwala, has submitted that the award of compensation is being passed on lower side as the learned Tribunal failed to appreciate the functional disability assessed by Dr.Pradip Babubhai. The Tribunal did not award sufficient amount towards the future medical expenses and therefore, considering the nature of injury, the Tribunal ought to have awarded Rs.5,00,000/- under the various heads.
6. On the other hand, learned counsel Mr.H.G. Majumdar for Page 2 of 4 Downloaded on : Mon Sep 18 20:48:27 IST 2023 NEUTRAL CITATION C/FA/555/2010 ORDER DATED: 18/09/2023 undefined the respondent - Insurance Company, has submitted that the amount awarded is just, fair and reasonable and therefore, no ground is made out for enhancement of the amount of compensation.
7. Having heard learned advocates for the respective parties and on perusal of the material placed on record, it appears that the issue fell for consideration is whether the amount of compensation determined by the Tribunal needs any enhancement ?
8. In the facts of present case, the involvement of the vehicle and factum of the accident are not in dispute. Upon reanalysis of material on record, it appears that four fingers of the right foot of the appellant were amputated, for which, two major surgeries undertaken by the doctor concerned. It is settled proposition of law that in serious cases of injury, while fixing the amount of compensation payable to victim of an accident, the damages have to be assessed separately as pecuniary damages and specific damages. In the present case, learned Tribunal has not awarded under the head of loss of amenities. However, the Tribunal, after considering the loss of prospects of marriage, Rs.35,000/- amount is being awarded. Thus, therefore, under the head of loss of amenities, this Court deems it fit necessary to award Rs.50,000/- and accordingly, the appellant is entitled the amount of Rs.50,000/-.
9. This Court has carefully examined the amount awarded under various heads which is quite fair and reasonable for which, there is no need for enhancement of the amount in Page 3 of 4 Downloaded on : Mon Sep 18 20:48:27 IST 2023 NEUTRAL CITATION C/FA/555/2010 ORDER DATED: 18/09/2023 undefined the compensation.
10. For the reasons recorded, except the above modification, the compensation awarded by the claim Tribunal under the other heads, remained unchanged. In the result, the appeal is allowed in part by enhancing the compensation to the extent of Rs.50,000/- with interest at the rate of 6%.
11. The Insurance Company shall deposit the said amount with interest within a period of three months. The Tribunal shall disburse the entire amount to the appellant claimant. Decree be drawn accordingly.
(ILESH J. VORA,J) Rakesh/ Page 4 of 4 Downloaded on : Mon Sep 18 20:48:27 IST 2023