Gujarat High Court
Chaudhary Bababhai Ramsangbhai vs Anilkumar Ramniklal Patel ... on 18 September, 2024
NEUTRAL CITATION
C/FA/4885/2008 JUDGMENT DATED: 18/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4885 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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CHAUDHARY BABABHAI RAMSANGBHAI
Versus
ANILKUMAR RAMNIKLAL PATEL DRIVER/OWNER GJ-1-R-7694 & ANR.
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Appearance:
MR DK CHAUDHARI(5361) for the Appellant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/09/2024
ORAL JUDGMENT
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant - claimant, being aggrieved and dissatisfied with the Page 1 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined judgment and award dated 18.03.2008 passed by the Motor Accident Claims Tribunal (Aux.), Mehsana in Motor Accident Claim Petition No.1925 of 1999, by which the Tribunal has awarded compensation of Rs.68,200/- with 7.5% per annum interest to the claimant/s, holding opponents liable, jointly and severally.
2. Brief facts of the case as per the case of the appellant are as under:
2.1 On 12-11-1999, the injured was waiting at Visnagar in the afternoon for the bus on the side of the road at the bus stand. At that time, at around 13.45 p.m., opponent No.1 drove his Maruti no. Purzdpe of GJ-1-R-
7694 and by mistake came on the wrong side and bumped into the applicant Hence, the appellant got injured. Hence, claim petition has been preferred. 2.2 After considering the documentary as well as oral evidence and submissions made at the bar, the Tribunal has partly allowed the claim petition by awarding compensation as noted above.
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NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined 2.3 Being aggrieved and dissatisfied with the impugned judgment and award passed by the Tribunal, the present appeal is preferred by the claimant for enhancement.
3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. It is submitted that amount awarded is on lower side as the Tribunal has not properly considered the various aspects; like prospective income, and pain, shock and suffering, etc. It is submitted that the Tribunal has rightly considered the monthly income of the injured Rs.2,500/- after considering the material available on the record and taking into account the nature of work of the injured, and considering the minimum wages prevailed at the relevant time, which is not disputed by learned advocate for the appellant. It is submitted that considering decision of the Hon'ble Apex Court in the case of National Insurance Company Limited versus Pranay Shethi reported in (2017) 16 SCC 680, as well as taking into account the age of the injured, addition to the extent of 15% may be granted in monthly income of the injured. Furthermore, it is submitted that the Page 3 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined Tribunal has rightly considered the disability, which is not in dispute in the present case. It is submitted that the Tribunal has committed an error by not properly considering the compensation under the head of pain, shock and suffering, which should be Rs.25,000/-, instead of Rs.5,000/- awarded by the Tribunal, looking to the injuries sustained by the claimant and considering the decisions of the Hon'ble Apex Court in the case of : (i) Pranay Shethi (supra) and (ii) Govind Yadav vs. New India Insurance Company Limited reported in (2011) 10 SCC 683. It is submitted that the Tribunal has rightly awarded the compensation under different heads, except the above raised. It is submitted that the appropriate enhancement be granted by modifying the award impugned. It is submitted that the appeal may be allowed.
4. Per contra, learned advocate for respondent No.2 - insurance company has submitted that the impugned judgment and award passed by the Tribunal is just and proper. It is submitted that the Tribunal has rightly considered the income of the injured. Furthermore, it is submitted that the Tribunal has rightly considered the Page 4 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined compensation towards pain, shock and suffering. It is submitted that the Tribunal has rightly awarded amount towards special diet, attendant charges, and attendant charges. It is also submitted that considering the facts and circumstances of the present, the Tribunal has rightly not awarded any amount towards loss of prospective income. It is also submitted that no interference is required in the impugned award. However, from the submissions made by learned advocate for the appellant that the Tribunal has committed certain errors, on this aspect, learned advocate for the respondent/s has submitted that if this Court feels that there is some error in calculation of the amount in view of settled position of law, in awarding compensation by the Tribunal, then the Court may pass appropriate order by considering the submissions made by him/her, in the interest of justice.
5. It is noteworthy to mention that the provisions of the Motor Vehicles Act, 1988 which gives paramount importance to the concept of 'just and fair' compensation. It is a beneficial legislation which has been framed with the object of providing relief to the victims or their Page 5 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined families. Section 168 of the Motor Vehicles Act deals with the concept of 'just compensation' which ought to be determined on the foundation of fairness, reasonableness and equitability. Although such determination can never be arithmetically exact or perfect, an endeavor should be made by the Court to award just and fair compensation irrespective of the amount claimed by the claimant/s. 6.1 I have heard the learned advocates for the respective parties and considered the submissions made by the rival parties. I have perused the record and proceedings of the Tribunal. I have gone through the impugned judgment and award passed by the Tribunal. It is noted that the claimant has by and large claimed enhancement towards prospective income, and pain, shock and suffering, etc. At the outset, I have considering the decision cited at the bar by learned advocate for the appellant. The judgments cited at the bar by learned advocate for the appellant is helpful to the facts of the present case.
6.2 It transpires that the Tribunal has taken into consideration the monthly income of the claimant Page 6 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined Rs.2,500/-, which the Tribunal has rightly considered after considering the documentary evidences available on the record, and the same is not disputed by learned advocate for the appellant. Furthermore, considering various above-mentioned judgments of the Hon'ble Apex and taking into account the age of the claimant, addition to the extent of 10% is required to be granted in the monthly income. It is required to take note of the fact that learned advocate for the appellant has not disputed multiplier and disability considered by the Tribunal. Otherwise also, the Tribunal has rightly considered those aspects. Therefore, Rs.2,750/- x 15% x 12 (monthly) x 9 (multiplier) would come to Rs.44,550/- which would be the future loss of income of the claimant. 6.3 Furthermore, the Tribunal has erred in awarding Rs.5,000/- towards pain, shock and suffering, which should be Rs.25,000/- considering the injuries and treatment as well as taking into account various decisions of the Hon'ble Apex Court. Furthermore, under the other heads, the amount awarded by the Tribunal are not disputed by the claimant in the present case. Otherwise also, the Tribunal has rightly considered the Page 7 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined amount of compensation under other heads. 6.4 Thus, the appellant - claimant is entitled to get the following final amount as compensation :
Particulars Amount (Rs.)
Future loss of income 44,550/-
Actual loss of income 2,500/-
Pain, shock and suffering 25,000/-
Medical expenses 26,200/-
Special diet, transportation, 3,000/-
attendant charges
Total... 1,01,250/-
Less : Amount which is already 68,200/-
awarded
Additional amount which is awarded 33,050/-
7. Therefore, I hold that the claimant/s are entitled to get the total amount of compensation of Rs.1,01,250/- with 7.5% p.a. interest from the date of filing the claim petition till its realisation, which would meet the ends of Page 8 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024 NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined justice. Rest of the direction(s) of the Tribunal shall remain same. The Tribunal has already awarded Rs.68,200/- and, therefore, remaining amount of Rs.33,050/- would be the enhanced amount of compensation payable to the claimant/s.
8. For the reasons recorded above, the following order is passed.
8.1 The present appeal is allowed to the aforesaid extent.
8.2 The impugned judgment and award dated 18.03.2008 passed by the Motor Accident Claims Tribunal (Aux.), Mehsana in Motor Accident Claim Petition No.1925 of 1999 is modified to the aforesaid extent. 8.3 The respondent No.2 - Insurance Company is directed to deposit the enhanced amount Rs.33,050/- with 7.5% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, within a period of six weeks from the date of receipt of this order. Page 9 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024
NEUTRAL CITATION C/FA/4885/2008 JUDGMENT DATED: 18/09/2024 undefined 8.4 The Tribunal shall disburse the entire awarded amount lying in the FDR and/or with the Tribunal, with accrued interest thereon, if any, to the claimant/s, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure. 8.5 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
8.6 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 10 of 10 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Sat Sep 21 2024 Downloaded on : Mon Sep 23 20:42:18 IST 2024