Gujarat High Court
Kamleshbhai Dhulabhai Vaghela Minor ... vs Surendrakumar Sohanlal Luhar Deleted on 11 February, 2025
NEUTRAL CITATION
C/FA/2968/2009 ORDER DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2968 of 2009
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KAMLESHBHAI DHULABHAI VAGHELA MINOR THRO' HIS MOTHER AND
Versus
SURENDRAKUMAR SOHANLAL LUHAR DELETED & ORS.
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MS LILU K BHAYA(1705) for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/02/2025
ORAL ORDER
1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 challenges the judgment and award passed in M.A.C.P. No.2288 of 2004 by the Motor Accident Claim Tribunal, Nadiad.
2. The brief facts of the case are as under.
2.1 On 22.11.2004, son of claimant received serious injury in vehicular accident and due to which, there is disability to son of the claimant. Therefore, claimants filed claim petition for compensation.
3. Learned advocate for the appellant submits on the date of accident, son of claimant was minor. It is submitted that learned Tribunal committed serious error in granting meager amount in case where minor has sustained injury to the extent of 56% body Page 1 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:27:41 IST 2025 NEUTRAL CITATION C/FA/2968/2009 ORDER DATED: 11/02/2025 undefined as whole. Therefore, he submits to intercept the impugned award and enhance the same.
4. On the other hand, learned advocate for the Insurance Company totally supports the judgment and award delivered by the learned Tribunal and submits to pass necessary orders.
5. Having heard learned advocates for both sides, at this juncture, let refer judgment of the Hon'ble Apex Court in case of Master Mallikarjun V/s. Divisional Manager, National Insurance Company Limited and Anr., rendered in Civil Appeal No.7139 of 2013, wherein, the Hon'ble Apex Court held as under:-
""12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and up-to 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional take different yardstick..."
6. 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, Page 2 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:27:41 IST 2025 NEUTRAL CITATION C/FA/2968/2009 ORDER DATED: 11/02/2025 undefined 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.
7. For the foregoing reasons, I pass the following order :
7.1 The first appeal is partly-allowed.
7.2 The impugned judgment and award is quashed and set aside. The claimant is held entitled for compensation of Rs.5,00,000/- with interest at the rate of 9% per annum from the date of petition till the amount is realized, jointly and severally from the opponents.
7.3 The Insurance Company is directed to deposit the decreetal amount within six weeks from today before the learned Tribunal.
The learned Tribunal shall disburse the amount to the claimant, after due verification.
7.4 Registry is directed to send back the record and proceedings, if any, to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) SATISH Page 3 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Feb 12 2025 Downloaded on : Wed Feb 12 22:27:41 IST 2025