Gujarat High Court
Dalsingbhai Ranchhodbhai Suvan vs Abdulbhai Rasulbhai Shaikh on 27 January, 2025
NEUTRAL CITATION
C/FA/3473/2022 ORDER DATED: 27/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3473 of 2022
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DALSINGBHAI RANCHHODBHAI SUVAN
Versus
ABDULBHAI RASULBHAI SHAIKH & ORS.
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Appearance:
MR. SABIR B SAIYYAD(6322) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 27/01/2025
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 dated 19/10/2019 passed in M.A.C.P. No. 1437/2017 (Old MACP No.495/2011) by Learned M.A.C.T. Tribunal (Auxi), District- Dahod at Limkheda, by which the tribunal awarded compensation of Rs.64,520/- with 8% interest to the claimants from the date of application till 07/10/2014, holding all the opponents liable to pay the compensation.
2. The brief facts of the case are that accident that On 24-05- 2011 at about 8.00 hours in the morning, the applicant was going by walk towards Nalu village for senting work and at that time when he was passing through Kundavada nala opponent no.1 came with his jeep no. GJ 17 C 2757 in full speed with negligent manners and as his jeep was in excessive spped, he did Page 1 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Jan 28 2025 Downloaded on : Tue Jan 28 21:45:26 IST 2025 NEUTRAL CITATION C/FA/3473/2022 ORDER DATED: 27/01/2025 undefined not control over steering and dashed it with the applicant. As a result applicant sustained severe injuries of fracture over right leg and left hand. The applicant immediately moved to the Dev. Baria Government Hospital. He was operated there and remained as an indoor patient for a long time. He took treatment there as an outdoor patient for a long time. Thus, the accident was occurred due to rash and negligent driving of opponent no.1. For the said accident.
3. The claim petition came to be filed by the present appellants claiming compensation of Rs.1,50,000/- 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.Sabir for the appellant - claimant has submitted that the tribunal has committed an error in not properly calculating the amount of income while awarding the just and fair compensation. He has submitted that since the injured was involved in the senting work and agricultural work Electronics, the amount under the head of future prospect is required to be enhanced.
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.
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6. Per contra, Mr.Raval, 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 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 52 years and was doing senting and agriculture work and in absence of any proof of income as per rate of minimum wage as per the Notification, the monthly income would be considered at Rs.5,126/- by giving Page 3 of 5 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Tue Jan 28 2025 Downloaded on : Tue Jan 28 21:45:26 IST 2025 NEUTRAL CITATION C/FA/3473/2022 ORDER DATED: 27/01/2025 undefined 10% rise in the income and multiplier of 09 is applied while considering the functional disability at 11%. Therefore, it would meet the ends of justice if amount of Rs.60,896/- as future loss is to be awarded to the claimants. Likewise the amount of actual loss of income is increased for three months and considering the injuries suffered by the victim the amount of special diet and loss of enjoyment is increased to Rs.15,000/- respectively from Rs.5,000/-.
11. Therefore, total compensation would be as under, which the claimant/s is/are entitled to get.
Particulars Amount (Rs.)
Future Loss of Income 60,896/-
Actual loss of income 13,980/-
Mental Pain shock and suffering 15,000/-
Medical Expenses 3,000/-
Attendant and Special Diet 15,000/-
Total 1,07,876/-
Already awarded by the tribunal 64,520/-
Enhanced amount of compensation 43,356/-
12. Therefore, I hold that the claimants are entitled to get the total amount of compensation of Rs.1,07,876/- with 8% p.a. interest from the date of filing the claim petition till 07/10/2014, which would meet the ends of justice. Rest of the direction(s) of the Tribunal remain same.
13. For the reasons recorded above, the following order is passed.
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14. The present appeal is partly allowed.
14.1 The Insurance Company is directed to deposit the enhanced amount Rs.43,356/- with 8% p.a. interest from the date of filing the claim petition till 07/10/2014 before the concerned Tribunal, within a period of six weeks from the date of receipt of this order.
14.2 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.
14.3 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
14.4 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 Jan 28 2025 Downloaded on : Tue Jan 28 21:45:26 IST 2025