Gujarat High Court
Divisional Controller vs Bhimabhai Nangubhai Parmar (Bhil) on 21 April, 2025
NEUTRAL CITATION
C/FA/599/2013 JUDGMENT DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 599 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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DIVISIONAL CONTROLLER
Versus
BHIMABHAI NANGUBHAI PARMAR (BHIL)
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Appearance:
MR HARDIK C RAWAL(719) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 21/04/2025
ORAL JUDGMENT
1. The present First Appeal is filed by appellant - original opponent against the judgment and award dated 29.02.2012 passed by the learned Motor Accident Claims Tribunal (Aux.), Additional District Judge, Panchmahals at Godhra in MACP No.617 of 2006, wherein the learned Tribunal has partly allowed the claim petition. Page 1 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025
NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined
2. Heard learned advocate Mr.Hardik Rawal for appellant - Gujarat State Road Transport Corporation. Though served, none appeared for respondent - original claimant.
3. Brief facts of the case are as under:
3.1 On 17.03.2005, at about 16.30 hours, claimant was walking on the road side of his village Varamkheda.
On the way to his farm, a bus bearing registration No. GJ- 18-V-3828 belonging to the Gujarat State Road Transport Corporation being driven by driver of S.T.Bus in very rash and negligent manner hit claimant from behind. As a result, claimant fell down on the road and bus ran over his leg. Due to the accident, his right leg was crushed and had to be amputated.
3.2 The claimant filed a claim petition claiming compensation of Rs.8,00,000/- from Opponent - Gujarat State Road Transport Corporation. Opponent appeared and Page 2 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined filed Written Statement at Ex.10 and denied its liability. Claimant examined himself at Ex.19 and produced copy of complaint, panchnama at the place of accident, injury certificate, disability certificate, medical bills, and other relevant documents in support his claim petition. After considering the evidence on record, learned Tribunal partly allowed the claim petition awarding compensation of Rs.7,63,000/- with interest at the rate of 9% per annum from the date of petition till realization. 3.3 Being aggrieved and dissatisfied with the impugned judgment and award, appellant - original opponent is before this Court for quantum of compensation.
4. Learned advocate for the appellant has submitted that the learned Tribunal has considered the disability certificate and considering the fact that right leg of claimant was amputated from mid-thigh due to a crush Page 3 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined injury and granted compensation on higher side. Learned Tribunal has awarded exorbitant amount of compensation, rate of interest granted at 9% is on the higher side and the same is required to be modified to a reasonable extent. Except above, no other submissions are canvassed by learned advocate for the appellant.
5. I have considered the submissions canvassed by learned advocate for the appellant and perused the record and proceedings. The accident occurred when claimant was walking on the road side, S.T.Bus came from behind and dashed with the claimant. Resultantly, claimant sustained serious injuries including amputation of his right leg from mid-thigh. Undisputedly, the claimant was aged about 30 years at the time of accident and was engaged in masonry work. Learned Tribunal assessed Rs.3,000/- per month as per the rate of minimum wages. However, it appears that addition of prospective income is not considered by Page 4 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined learned Tribunal. It is well settled that compensation petition under Motor Vehicles Act are intended to benefit the victim or heirs of deceased. In the present case, the driver did not explain with regard to cause of accident and in absence of contrary evidence, learned Tribunal found sole negligence for the accident of driver of S.T. Bus. No material has been brought to the notice of this Court to disturb the findings of the learned Tribunal, therefore, I do not find reason to interfere with the determination of negligence.
6. The next question for consideration is assessment of monthly income of claimant. As per the disability cer- tificate issued by General Hospital, Dahod age of claimant is shown as 30 years. Learned Tribunal applied multiplier of 17. While considering the monthly income of claimant, learned Tribunal failed to award compensation by adding 40% towards prospective income. The question of awarding Page 5 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined prospective income is well settled as per the decision of National Insurance Co. Ltd. Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, 40% prospective income is required to be added considering the age of claimant. Hence, total income of the claimant comes to Rs.4,200/- (Rs.3000 + 40%).
Undisputedly, fact is coming out from the record and more particularly from medical certificate at Ex.16 and photographs of claimant on record marked as 13/6, indi- cate that the claimant suffered an amputation of right leg. The photographs clearly indicate physical condition and appearance of the claimant after amputation of leg. It would be difficult for claimant to do the mason work which he was doing prior to the accident. The work of mason is purely a labour work. Due to amputation of leg, claimant would not be able to carry on the work in fu- ture. Considering the physical condition of claimant, as- Page 6 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025
NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined sessment of 100% functional disability is just and proper and no interference is required in this regard.
7. Though, I am fully conscious about the fact that the present First Appeal has been filed by the Gujarat Road Transport Corporation and no appeal for en- hancement is filed by the claimant. This Court can certainly enhanced compensation in the appeals filed by Insurance Company, if it is found that just and reasonable compensation has not been awarded by Tribunal. Considering the facts found on record, it would be just and reasonable to modify the judgment and award by enhancing compensation on the ground of prospective in- come.
8. In view of the aforesaid discussions, original claimant is entitled to the following amount of compensation:-
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NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined Under the Head of Compensation of Rs.
Future loss of income
Monthly income = Rs. 3,000/-
Prospective income 40%
(Rs.3000 + 40%) = Rs. 4200/-
Disability 100%
(Rs.4200 x 12 x 17) = Rs. 8,56,800/- 8,56,800/-
Actual loss of income 9,000/-
Pain, shock and suffering 50,000/-
Loss of amenities 50,000/-
Medical expenses 41,000/-
Special diet 10,000/-
Grand Total 10,16,800/-
Less awarded amount of 7,63,000/-
compensation by Tribunal
Enhanced amount 2,53,800/-
(Rs.10,16,800 - Rs.7,63,000/-)=
Interest @7.5%
9. The respondent - original claimant is entitled to enhanced amount of compensation of Rs.2,53,800/- @ 7.5% per annum from the date of claim petition till realization from opponent - Gujarat State Road Transport Page 8 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined Corporation.
10. The Gujarat State Road Transport Corporation is directed to deposit enhanced amount of compensation with interest as above within a period of 4 Weeks from the date of receipt of this order.
11 Upon such deposit, it will be open to the claimant to approach the learned Tribunal for appropriate orders for withdrawal. The learned Tribunal shall disburse the same after proper identification and verification by following due procedure.
12 While making the payment, learned Tribunal/Court shall deduct the Court Fess, if not paid, in accordance with prevailing Rule.
13. The present First Appeal stands disposed of accordingly. The judgment and award dated 29.02.2012 passed by the learned Motor Accident Claims Tribunal Page 9 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025 NEUTRAL CITATION C/FA/599/2013 JUDGMENT DATED: 21/04/2025 undefined (Aux.), Additional District Judge, Panchmahals at Godhra in MACP No.617 of 2006, is modified to the aforesaid extent. Award be drawn accordingly by learned Tribunal.
14. Record and proceedings, if any, received, be sent back to the concerned Court/Tribunal.
(D. M. DESAI,J) MANOJ Page 10 of 10 Uploaded by MANOJ KUMAR(HC01092) on Fri May 09 2025 Downloaded on : Sat May 10 05:22:17 IST 2025