Gujarat High Court
Milankumar Arvindbhai Sirodariya vs Vaza Jiteshbhai Govindbhai on 2 January, 2025
NEUTRAL CITATION
C/FA/1878/2016 ORDER DATED: 02/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1878 of 2016
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MILANKUMAR ARVINDBHAI SIRODARIYA
Versus
VAZA JITESHBHAI GOVINDBHAI & ORS.
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Appearance:
KURVEN K DESAI(7786) for the Appellant(s) No. 1
MR AMAR D MITHANI(484) for the Defendant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 3
MR R G DWIVEDI(6601) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/01/2025
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 23.11.2015 passed by the Motor Accident Claims Tribunal, Junagadh in Motor Accident Claim Petition No.231 of 2006.
2. Brief facts of the case are as under:
2.1 On 05.01.2006 at about 10.30 pm, the claimant was going on Motorcycle No.GJ-11-CC-3499 from Junagadh to Timbawadi and when he reached near the place of accident, Luxury Bus No.GJ-11-TT-1717 came in rash and negligent manner and dashed with motorcycle and thereby, the claimant received serious injuries.Page 1 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Jan 04 2025 Downloaded on : Mon Jan 06 21:55:47 IST 2025
NEUTRAL CITATION C/FA/1878/2016 ORDER DATED: 02/01/2025 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 no.3 - 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 Sat Jan 04 2025 Downloaded on : Mon Jan 06 21:55:47 IST 2025 NEUTRAL CITATION C/FA/1878/2016 ORDER DATED: 02/01/2025 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 claimants/s is/are entitled to get.
Page 3 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Jan 04 2025 Downloaded on : Mon Jan 06 21:55:47 IST 2025 NEUTRAL CITATION C/FA/1878/2016 ORDER DATED: 02/01/2025 undefined Particulars Amount (Rs.) Loss of income 1,45,152,/- Rs.2400/- per month + 40% rise =
Rs.40,320/- per year and considering 20% disability, annual loss would be Rs.8064/- and applying 18 multiplier, the amount would be Rs.1,45,152/-
Pain, shock and suffering 15,000/-
Medical expenses 3,000/-
Special diet attendant 15,000/-
Loss of work (3 months) 7200/-
Total... 1,85,352/-
Less : 30% negligence of claimant 55,605/-
Less: compensation already awarded by 64,600/-
Tribunal
Additional amount which is awarded 65,147/-
7. Therefore, I hold that the claimants are entitled to get the enhanced compensation of Rs.65,147/- with 9% 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.
Page 4 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Jan 04 2025 Downloaded on : Mon Jan 06 21:55:47 IST 2025NEUTRAL CITATION C/FA/1878/2016 ORDER DATED: 02/01/2025 undefined 8.2 The respondent no.3 - Insurance Company is directed to deposit the enhanced amount with interest as stated herein above 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 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 Sat Jan 04 2025 Downloaded on : Mon Jan 06 21:55:47 IST 2025