Gujarat High Court
Surekhaben Arvindbhai Mehta vs Mohammedbhai Ismailbhai Shaikh on 6 February, 2025
NEUTRAL CITATION
C/FA/4381/2022 ORDER DATED: 06/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4381 of 2022
==========================================================
SUREKHABEN ARVINDBHAI MEHTA
Versus
MOHAMMEDBHAI ISMAILBHAI SHAIKH & ANR.
==========================================================
Appearance:
MR A R DWIVEDI(11319) for the Appellant(s) No. 1
MR R G DWIVEDI(6601) for the Appellant(s) No. 1
MR TANMAY B KARIA(6833) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/02/2025
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant - original claimant being aggrieved and dissatisfied with the judgment and award dated 27.06.2017 passed by the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition No.52 of 2011.
2. Brief facts of the case are as under:
2.1 On 23.08.2010, the claimant was travelling by ST Bus No.GJ-18-V-4402 and driver of the bus was driving the Bus in rash and negligent manner and when it reached near the place of accident, left side of wheel of the bus exploded and as claimant was sitting on seat at the part of the wheel, received serious injuries.Page 1 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:42:04 IST 2025
NEUTRAL CITATION C/FA/4381/2022 ORDER DATED: 06/02/2025 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. 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 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 Page 2 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:42:04 IST 2025 NEUTRAL CITATION C/FA/4381/2022 ORDER DATED: 06/02/2025 undefined 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. From the record, it transpires that the learned Tribunal erred in considering the monthly income of the claimant and even has not added future prospective. The learned Tribunal has also erred in giving compensation under the head of pain, shock and suffering, medical, amenities etc. 6.2 Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Page 3 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:42:04 IST 2025 NEUTRAL CITATION C/FA/4381/2022 ORDER DATED: 06/02/2025 undefined Particulars Amount (Rs.) Future loss of income 86,940/- Actual loss of income 49,680/- Pain, shock and suffering 50,000/- Special diet, attendant charges and 50,000/- transportation. Medical expenses 1,00,000/- Future medical expenses 50,000/- Total... 3,86,620/- Less : Amount which is already awarded 2,61,000/- Additional amount which is awarded 1,25,620/-
7. Therefore, I hold that the claimant is entitled to get the enhanced compensation of Rs.1,25,620/- with 8% p.a. interest from the date of filing the claim petition till its realisation, which would meet the ends of justice. Rest of the direction(s) of the Tribunal remain same.
8. For the reasons recorded above, the following order is passed.
8.1 The present appeal is partly allowed.
8.2 The ST Corporation is directed to deposit the enhanced amount Rs.1,25,620/- with 8% 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.
Page 4 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:42:04 IST 2025NEUTRAL CITATION C/FA/4381/2022 ORDER DATED: 06/02/2025 undefined 8.3. The appellant - claimant shall not be entitled for interest on delayed period of 260 days as per order dated 14.10.2022 passed in Civil Application No.2529 of 2022.
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, 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.
(J. C. DOSHI,J) SATISH Page 5 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 01:42:04 IST 2025