Gujarat High Court
Madarsinh Naransinh Rathod vs Karansinh Govindsinh Yadav on 5 February, 2025
NEUTRAL CITATION
C/FA/5056/2010 ORDER DATED: 05/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5056 of 2010
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MADARSINH NARANSINH RATHOD
Versus
KARANSINH GOVINDSINH YADAV & ORS.
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Appearance:
MR DIPAK R DAVE(1232) for the Appellant(s) No. 1
MS LILU BHAYA for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
SERVED BY AFFIX. (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/02/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant being aggrieved and dissatisfied with the judgment and award dated 21.1.2009 passed by the Motor Accident Claims Tribunal, Ahmedabad Rural in Motor Accident Claim Petition No.948 of 2004.
2. Brief facts of the case are as under:
2.1 It is a case of the applicant that on 1-3-2004 he was driving Chhakdo on Dhandhuka-Ranpur highway road and when he reached near village Vagad, he saw one pool, and so he had stopped his Chhakdo on the side of the road. At that time, Truck No.GJ.7.Z. 6221 came in full speed and in rash & negligent manner towards wrong side and dashed with the Chhakdo and thereby the accident took place due to sole negligence on the part of truck driver.Page 1 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025
NEUTRAL CITATION C/FA/5056/2010 ORDER DATED: 05/02/2025 undefined
3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc. He would further submit that the learned Tribunal ought to have granted Rs.2,25,000/- instead of Rs.1,71,000/- towards medical expenses despite believing that some of the bills are lost.
3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.
4. Per contra, learned advocate for respondent - Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper and therefore, he prays to dismiss the appeal.
5. Apt to note that the Motor Vehicle Act, 1988 is a beneficial piece of Legislation. The concept of just and fair compensation is integral and seminal to the MV Act. The compensation to be awarded under the principle of just and fair compensation to the injured of the road accident or the legal representative/s of the deceased person is based on the principle of fairness, reasonableness and equability. Anguish of the heart or for mental turbulence being consequential result of the road accident cannot be actually compensated, but the quint essentiality lies in adopting holistic and pragmatic view to the Page 2 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025 NEUTRAL CITATION C/FA/5056/2010 ORDER DATED: 05/02/2025 undefined computation of the compensation for the loss sustained, which is to be in the realm of realistic approximation. Although exact or perfect arithmetical calculation of compensation for reparation of the loss arrived from the road accident is almost impossible. The Tribunal is bestowed with duty to make an endevour to award just compensation regardless of the amount claimed by the claimant. The determination of the quantum of compensation therefore, must be liberal and not niggardly since the law values life and limb in a free country in generous scale. Needless to state that money may be awarded, so that something tangible may be procured to reach something else of the like nature, which has been destroyed or lost, but money cannot renew physical frame that has been battered and shattered being a result of the road accident. Yet Tribunal to endavour to bring back victim to stage of pre-road accident as far as possible Thus, the award must be reasonable and cannot be assessed with moderation though it cannot at the same time be pity and what could be granted must be just, fair and equitable compensation.
6.1 I have 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 learned Tribunal. What could be noticed that the only issue of granting just and fair compensation is questioned by the claimant. The road accident took place on 1.3.2004 and according to the claimant, he was driver of Chakdo rickshaw. Before the learned Tribunal, MLC certificate at Exh.41 and the disability certificate at Exh.43 are taken on record after Page 3 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025 NEUTRAL CITATION C/FA/5056/2010 ORDER DATED: 05/02/2025 undefined the evidence produced by both the parties upon request of the learned advocates for both the sides and on joint endorsement that 20% disability should be treated.
6.2 What further could be noticed that at the time of road accident, the rate of minimum wage for the skilled labour was Rs.2300/-. Yet, the learned Tribunal has taken Rs.3000/- as monthly income of the claimant considering that he was driver of the Chakdo rickshaw. To my mind, the learned Tribunal has committed no error in assessing the monthly income of the claimant to Rs.3000/-. However, the learned Tribunal ought to have granted loss of future prospect to the claimant and considering the age of the claimant to be 42 years, 25% rise towards loss of future prospect is required to be granted.
6.3 It is argued that the learned Tribunal ought to have taken up 100% disability of the claimant. To support such argument, the claimant has not proved anything that because of his physical injury, he rendered deadwood and could not do any work. Moreover, disability certificate at Exh.42 has been taken on record on the endorsement of the learned advocate for the claimant that 20% should be treated as functional disability. The submission canvassed by learned advocate for the appellant is barred principles of estoppel. Therefore, 20% disability taken by the learned Tribunal is maintained.
6.4 Considering multiple injury sustained by the claimant, compensation under the head of pain, shock and suffering is enhanced to Rs.50,000/-. Medical expenses of Rs.1,71,000/-
Page 4 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025NEUTRAL CITATION C/FA/5056/2010 ORDER DATED: 05/02/2025 undefined granted by the learned Tribunal is maintained. However, the learned Tribunal has granted Rs.15000/- under the head of nursing and care. Such head is unknown. Yet, said compensation is maintained. Compensation under the head of special diet and conveyance of Rs.5000/- each is enhanced to Rs.10,000/- each. Actual loss of income is enhanced and granted 12 times of monthly income, which comes to Rs.36,000/-. Since the claimant is 42 years at the time of road accident, multiplier of 14 is required to be adopted 6.5 Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future loss of income 1,26,000/-
(Rs.3000/- - 20% disability = Rs.600/- +
25% rise = Rs.750/- x 12 x 14
Nursing and care 15,000/-
Pain, shock and suffering 50,000/-
Actual loss of income 36,000/-
Medical expenses 1,71,000/-
Special diet, attendant charges, 20,000/-
transportation
Total... 4,18,000/-
Less : Amount which is already awarded 3,46,400/-
Additional amount which is awarded 71,600/-
7. Therefore, I hold that the claimant is entitled to get the enhanced compensation of Rs.71,600/- with 7.5% p.a. interest from the date of filing the claim petition till its Page 5 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025 NEUTRAL CITATION C/FA/5056/2010 ORDER DATED: 05/02/2025 undefined realisation, which would meet the ends of justice.
8. For the reasons recorded above, the following order is passed.
8.1 The present appeal is partly allowed.
8.2 The Insurance Company is directed to deposit the enhanced amount Rs.71,600/- with 7.5% p.a. interest from the date of claim petition till its realization before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.
8.3 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 claimants, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure.
8.4 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
8.5 Rest of the direction(s) of the Tribunal remain same.
8.6 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 6 of 6 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:32:16 IST 2025