Gujarat High Court
Patel Prakashkumar Rashikbhai vs R K Engle on 21 February, 2025
NEUTRAL CITATION
C/FA/3389/2011 JUDGMENT DATED: 21/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3389 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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PATEL PRAKASHKUMAR RASHIKBHAI
Versus
R K ENGLE & ORS.
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Appearance:
MR ANKUR KIRI for MR AV PRAJAPATI(672) for the Appellant(s) No. 1
MS AMI N BHATT(3372) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 3
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 21/02/2025
ORAL JUDGMENT
1. Heard learned advocate Mr. Ankur Kiri for learned advocate Mr. A. V. Prajapati for the appellant and learned advocate Ms. Ami N. Bhatt for respondent No.3 - Insurance Company at length. The cause-title indicates that the rule could not be served upon respondent No.1. Perused the record. Page 1 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025
NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined
2. The challenge in the present appeal is by the original claimant challenging the judgment and award dated 30.11.2009 passed by learned 1st Fast Track Court and Motor Accident Claims Tribunal (Aux.), Mahesana in M.A.C.P. No.189 of 2003.
3. The brief facts of the case are as under:
* On 16.11.2002, the claimant was proceeding in Maruti Car No.GJ-2K-9557 from Surat to Mahesana. The said car was being driven by Thakor Babuji Shankerji. At around 10.30 am, when a car reached near Baroda National Highway, opponent No.1 driving Maruti Car No. GJ-1-BP-3382 in a very rash and negligent manner lost control over the car and jumped the divider and dashed with the Maruti Car in which the claimant was travelling. The claimant Mr.Patel Prakash Rasikbhai sustained severe injuries out of the vehicular accident. The claimant Page 2 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025 NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined sustained fracture on left thigh and also sustained fracture on the jaw and right leg knee. The claimant claimed compensation of Rs.20,00,000/- against the opponents.
* Opponents were served with the notice and driver and owner of the Maruti Car bearing registration No.GJ-1-BP-3382 did not remain present and did not contest the claim petition. Insurance Company of the said Car appeared and filed Written Statement and denied its liability to pay compensation.
* After framing of issues, the claimant submitted examination-in-chief at Exh.29 and produced documentary evidence before the learned Tribunal. After considering the evidence, learned Tribunal partly allowed the claim petition and awarded Rs.2,66,600/- as compensation with interest @ 7.5% p.a. with proportionate cost from the date of Page 3 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025 NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined claim petition till realization against opponents Nos.2 and 3 - owner and insurance company respectively. * Being aggrieved and dissatisfied with the impugned award of compensation, the appellant - original claimant has filed the present appeal for enhancement of compensation.
4. Learned advocate for the appellant - original claimant submitted that learned Tribunal has not considered the settled principle of law by not considering prospective income while calculating the compensation. Reliance is placed upon National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680 and submitted by learned advocate for the appellant that learned Tribunal has awarded Rs.1,75,406/- as future loss of income and given a complete go-by with regard to the prospective income. Looking to the nature of injuries, learned Tribunal has awarded very less Page 4 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025 NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined amount of compensation under the head of Pain, Shock and Suffering, Special Diet and Transportation Charges. Except the above submissions, no other submissions are canvassed by learned advocate for the appellant.
5. Per contra, learned advocate for the respondent No.3
- Insurance Company has supported the judgment and award and submitted that learned Tribunal has rightly considered the evidence on record and awarded just and reasonable compensation. It is further submitted that as the learned Tribunal has considered documentary evidence placed by the claimant, and after assessing said evidence, has arrived at a conclusion that future loss of income would be Rs.1,75,406/- is just and proper and no interference is required under the head of future loss of income. Rest of the award passed by the learned Tribunal does not require any interference looking to the facts and circumstances of the case.
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6. Having considered the submissions and Record & Proceedings, it transpires that learned Tribunal has considered the Income Tax Returns produced at Exhs.63,64 and thereafter, arrived at a conclusion that the income of the claimant would be Rs.57,322/- per year. However, while considering the future loss of income, learned Tribunal has failed to consider the important addition of prospective income as laid down in the case of Pranay Sethi (Supra). Therefore, in my view and in view of the injuries sustained to the claimant, the award under Pain, Shock and Suffering is also required to be enhanced and considering the nature of surgeries underwent by the claimant, compensation under the head of Special Diet, Attendant Charges and Transportation Charges is also required to be modified.
7. In view of the above facts and circumstances, the claimant is entitled to following amount of Page 6 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025 NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined compensation under the different heads:
Sr. Name of the Head Compensation No. Amount (In Rs.) 1 Future loss of Income 2,45,565/-
(Rs.57,322/- + (40%) = Rs.22,928/- = Rs.80,250/-
X 18% disability X 17 multiplier
2. Actual loss of income 9,500/-
3. Pain, shock and suffering 25,000/-
4. Medical Expenses 61,683/-
5. Special Diet, Attendant and 25,000/-
Transportation Charges
Total Compensation 3,66,748/-
(-) Awarded Amount Rs.2,66,600/-
Enhanced Amount Rs.1,00,148/-
8. Therefore, total amount of compensation would come to Rs.3,66,748/-, which is required to be awarded with 7.5% p.a. interest from the date of claim petition till its realisation, which would meet the ends of justice. It is pertinent to note that learned Tribunal has awarded Rs.2,66,600/- to the claimant, therefore, Rs.1,00,148/- (Rs.3,66,748 - Rs.2,66,600/-) is required to be enhanced with 7.5% p.a. interest. Page 7 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025
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9. For the reasons recorded above, the following order is passed:
[A]. The present appeal is allowed accordingly in above terms.
[B]. The Insurance Company is directed to deposit the enhanced amount Rs.1,00,148/- with 7.5% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.
[C]. 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', after proper verification and after following due procedure.
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NEUTRAL CITATION C/FA/3389/2011 JUDGMENT DATED: 21/02/2025 undefined [D]. While making the payment, the Tribunal shall deduct the Courts fees, if not paid, in accordance with the Rules.
[E]. Record & Proceedings, if any, be sent back to the concerned Tribunal, forthwith.
(D. M. DESAI,J) vk Page 9 of 9 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Feb 28 2025 Downloaded on : Fri Feb 28 23:50:46 IST 2025