Gujarat High Court
Harshibhai Gopalbhai Matang vs Samji Bhoja Harijan on 6 February, 2025
NEUTRAL CITATION
C/FA/3784/2012 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3784 of 2012
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HARSHIBHAI GOPALBHAI MATANG
Versus
SAMJI BHOJA HARIJAN & ORS.
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Appearance:
MR MEHUL S SHAH(772) for the Appellant(s) No. 1
MR P P LAKHANI(6949) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
MS AMI K PATEL(3152) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1
SERVED BY AFFIX. (R) for the Defendant(s) No. 2
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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 challenging the judgment and award passed by the Learned Motor Accident Claims Tribunal (Aux.) Kachchh dated 31/07/2012 in M.A.C. Petition No. 372 of 1999, by which the tribunal awarded compensation of Rs.70,400/- with 7.5% interest to the claimants from the date of application till its realization, holding insurance company liable.
2. The brief facts of the case are that accident that victim was travelling in the rickshaw which came to be dashed by the truck coming in wrong side whereby the injured sustained grievous injuries on various parts of the body.
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3. The claim petition came to be filed by the present appellants claiming compensation of Rs.5,00,000/- from the respondents wherein the tribunal was considering oral as well as documentary evidence led by the parties and submissions made at the bar partly allowed the claim petition by awarding compensation as noted above.
4. Heard learned advocates for the parties.
5. Learned advocate Mr.Mehta for the appellant - claimant has submitted that the tribunal has committed an error in not properly calculating the amount of prospective income while awarding the just and fair compensation. He has submitted that since the injured was serving as Rickshaw Driver operator, the amount under the head of future prospect is required to be enhanced. He has further submitted that considering the nature of injuries, the disability may be considered as 33%.
5.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.
6. Per contra, Mr.Nanavaty, learned advocate for respondent - Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper. The Tribunal has rightly considered the income of the injured, the age of the injured and the dependency. He has submitted that considering the nature of injury, the tribunal has awarded just and fair compensation and this appeal may be dismissed and no Page 2 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 21:45:43 IST 2025 NEUTRAL CITATION C/FA/3784/2012 ORDER DATED: 06/02/2025 undefined interference be made by this Court.
7. 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 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 claimants.
8. 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 injured was aged about 48 years and was serving as Rickshaw Driver operator and considering the age of the victim, the tribunal ought to have considered the grant of prospective income at 25% while considering the income of victim at Rs.2,000/-. Therefore, it would meet the ends of justice if 25% prospective income is added per month as per the ratio laid down by the Hon'ble Apex Court in the case of Sarla Verma versus Delhi Transport Corporation reported in (2009) 6 SCC
121. To be noted that, considering the nature of injuries and the period of hospitalization, the functional disability is assessed at 33% and there is no dispute on the said aspect. Thus, the future Page 3 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 21:45:43 IST 2025 NEUTRAL CITATION C/FA/3784/2012 ORDER DATED: 06/02/2025 undefined loss of income would come to Rs.1,28,700/- which is required to be awarded to the claimants.
9. Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income [Rs.2,000/- + 25% 1,28,700/-
prospective income and 33% thereof
functional disability (x) 12 (x) 13 (multiplier)] Actual loss of income 4,000/-
Pain shock and suffering 15,000/-
Medical Expenses 7,500/-
Attendant and Special Diet 10,000/-
Total 1,65,200/-
Already awarded by the tribunal 70,400/-
Enhanced amount of compensation 94,800/-
10. Therefore, I hold that the claimants are entitled to get the total amount of compensation of Rs.1,65,200/- with 7.5% 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.
11. For the reasons recorded above, the following order is passed.
12. The present appeal is partly allowed.
12.1 The Insurance Company is directed to deposit the Page 4 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 21:45:43 IST 2025 NEUTRAL CITATION C/FA/3784/2012 ORDER DATED: 06/02/2025 undefined enhanced amount Rs.94,800/- 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.
12.2 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.
12.3 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
12.4 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) sompura Page 5 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 21:45:43 IST 2025