Gujarat High Court
Kasambhai Gafurbhai Kumbhar ... vs Vikas Road Carriers Ltd on 8 January, 2025
NEUTRAL CITATION
C/FA/5246/2008 ORDER DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5246 of 2008
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KASAMBHAI GAFURBHAI KUMBHAR (DECEASED) & ORS.
Versus
VIKAS ROAD CARRIERS LTD & ANR.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/
REPRESTENTATIVES for the Appellant(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Appellant(s) No.
1.1,1.2,1.3,1.4,1.5
MR DAKSHESH MEHTA(2430) for the Defendant(s) No. 2
RULE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/01/2025
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 11.01.2008 passed by the Motor Accident Claims Tribunal, Sabarkantha in Motor Accident Claim Petition No.510 of 1997. The claimant died during the pendency of the appeal and therefore, his heirs are joined as appellants - claimants.
2. Brief facts of the case are as under:
2.1 On 20.02.1997, the claimant was going on his motorcycle No.GAD-3010 from Modasa to bus station and when he reached at the place of accident, one truck No.HR-38-A-6064 came in rash and negligent manner and dashed with the motorcycle of the claimant and thereby, the claimant received serious injuries.Page 1 of 5 Uploaded by GAURAV J THAKER(HC00951) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:26:33 IST 2025
NEUTRAL CITATION C/FA/5246/2008 ORDER DATED: 08/01/2025 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 - 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 GAURAV J THAKER(HC00951) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:26:33 IST 2025 NEUTRAL CITATION C/FA/5246/2008 ORDER DATED: 08/01/2025 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 claimant/s is/are entitled to get.
Page 3 of 5 Uploaded by GAURAV J THAKER(HC00951) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:26:33 IST 2025 NEUTRAL CITATION C/FA/5246/2008 ORDER DATED: 08/01/2025 undefined Particulars Amount (Rs.) Future loss of income 2,44,800/- =Rs.2,000/- x Rs.1000/- (50% rise)
=Rs.3000/- x 40 disability x 12 months x 17 Multiplier Pain, shock and suffering 50,000/-
Actual loss of income 9,500/-
Medical expenses 1,25,000/-
Special diet 5,000/-
Attendant charge 10,000/-
Transportation charge 15,000/-
Loss of life expectancy 10,000/-
Total... 4,69,300/-
Less : Amount which is already awarded 1,92,780/-
Additional amount which is awarded 2,76,520/-
7. Therefore, I hold that the claimants are entitled to get the enhanced compensation of Rs.2,76,520/- with 9% p.a. interest from the date of filing the claim petition till its realization, 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 Insurance Company is directed to deposit the enhanced amount Rs.2,76,520/- with 9% 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 GAURAV J THAKER(HC00951) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:26:33 IST 2025NEUTRAL CITATION C/FA/5246/2008 ORDER DATED: 08/01/2025 undefined 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 after fixing apportionment, if required, 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) GAURAV J THAKER Page 5 of 5 Uploaded by GAURAV J THAKER(HC00951) on Mon Jan 13 2025 Downloaded on : Mon Jan 13 21:26:33 IST 2025