Gujarat High Court
The National Insurance Co.Ltd vs Raval Surajben Wd/O. Rumalbhai ... on 3 April, 2025
NEUTRAL CITATION
C/FA/806/2023 ORDER DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 806 of 2023
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THE NATIONAL INSURANCE CO.LTD
Versus
RAVAL SURAJBEN WD/O. RUMALBHAI SHANKARBHAI & ORS.
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Appearance:
MS LILU K BHAYA(1705) for the Appellant(s) No. 1
MR M A CHAUHAN(11262) for the Defendant(s) No. 1,3
RULE SERVED for the Defendant(s) No. 2,4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/04/2025
ORAL ORDER
1. Heard learned advocate Ms. Lilu Bhaya for the appellant.
Learned advocate Mr. M. A. Chauhan appearing for respondent Nos.1 and 3 remained absent. Though rule was served upon rest of the respondents, they remained absent. Perused the record.
2. The challenge in the present appeal is by the original opponent No. 4 - Insurance Company challenging the judgment and award dated 6.4.2018 passed by learned Motor Accident Claims Tribunal (Aux), Mahisagar at Lunawada in M.A.C.P. No.1655 of 2017. Page 1 of 5 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:50:00 IST 2025
NEUTRAL CITATION C/FA/806/2023 ORDER DATED: 03/04/2025 undefined
3. The facts in brief of the case are as under:
* On 1.5.2009, deceased was riding a scooter No.GJ-6QQ-6438 and when he reached near Kanod Padedi village in a moderate speed. The opponent No.1 - was driving his motorcycle bearing registration No.GJ-17-H- 6515 in a rash and negligent manner from the opposite direction and dashed with the deceased. Resultantly, deceased sustained serious injuries and succumbed. * Claimants being the legal heirs of the deceased filed Claim Petition being MACP No.1655 of 2017 before learned Motor Accident Claims Tribunal (Aux), Mahisagar at Lunawada for a compensation of Rs.6,00,000/- from the opponents. Opponents were served with summons.
* Opponent No.1 appeared but did not file written statement. The claim petition was resisted by Insurance Company - respondent No.4 by filing Written Statement at Exh.21 and denied its liability. After framing Page 2 of 5 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:50:00 IST 2025 NEUTRAL CITATION C/FA/806/2023 ORDER DATED: 03/04/2025 undefined of issues, claimant No.1 submitted examination-in-chief at Exh.28 and produced FIR, Panchnama, PM report and documents to substantiate income of deceased. * After considering the evidence, learned Tribunal partly allowed the claim petition by directing opponents to pay an amount of Rs.4,35,664/- to the claimants with interest @ 9% p.a. with proportionate cost from the date of application till realisation by holding driver of the scooterist negligent to the extent of 30% and the driver of the motorcycle to the extent of 70%. * Being aggrieved and dissatisfied with the impugned judgment and award, the Insurance Company - appellant has filed the present appeal.
4. Learned advocate for the appellant has submitted that the learned tribunal has held deceased negligent to the extent of 30%, however, while awarding the total compensation, deduction of 30% is missed out. It is submitted that towards negligence, Rs.1,30,699/- is required to be deducted from the total amount of compensation of Page 3 of 5 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:50:00 IST 2025 NEUTRAL CITATION C/FA/806/2023 ORDER DATED: 03/04/2025 undefined Rs.4,35,664/- Except the above submissions, no other submissions are made.
5. I have considered the submissions of learned advocate for the appellant and perused the impugned judgment and award. It appears that learned tribunal while considering the question of negligence has held that the deceased was negligent to the extent of 30% however, in the operative part of the order, learned tribunal has not given deduction of 30% from total award of compensation. When learned tribunal has observed in the discussion part with regard to negligence, deduction of 30% ought to have been considered while passing the final order. Resultantly, it appears that there is an error committed by learned Tribunal in calculating compensation.
6. In view of above, the present First Appeal is allowed. The claimant is entitled to Rs.3,04,965/- (Rs.4,35,664/- minus Rs,1,30,699/-) from the opponents with interest @ 9% p.a. from the date of application till realisation. No order as to costs. Interim Relief, if any, stands vacated forthwith. Page 4 of 5 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:50:00 IST 2025
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7. Record and Proceedings, if any, be sent back to the concerned Court / Tribunal, forthwith.
(D. M. DESAI,J) vk Page 5 of 5 Uploaded by VATSAL S. KOTECHA(HC00352) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 21:50:00 IST 2025