Minor Ravikumar Dineshbhai Thru. His ... vs Aashikmiya Badamiya Malek

Gujarat High Court

Minor Ravikumar Dineshbhai Thru. His ... vs Aashikmiya Badamiya Malek on 28 January, 2025

                                                                                                              NEUTRAL CITATION




                              C/FA/1257/2018                                  ORDER DATED: 28/01/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1257 of 2018

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                       MINOR RAVIKUMAR DINESHBHAI THRU. HIS GUARDIAN AND NEXT
                                 FRIEND DINESHBHAI PUNJABHAI VANKAR
                                               Versus
                                  AASHIKMIYA BADAMIYA MALEK & ORS.
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                      Appearance:
                      MR VA MANSURI(2880) for the Appellant(s) No. 1
                      MR SUNIL B PARIKH(582) for the Defendant(s) No. 3
                      RULE SERVED for the Defendant(s) No. 2
                      RULE UNSERVED for the Defendant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                          Date : 28/01/2025
                                                            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 30.11.2017 passed by the Motor Accident Claims Tribunal, Nadiad in Motor Accident Claim Petition No.983 of 2016.

2. Brief facts of the case are as under:

2.1 The brief fact of the present appeal is such that on 31.01.2016, the claimant being student of Vaghas Primary School went in Luxury Bus No.GJ-7-TT-9982 for school picnic and when they reached near Mahudi temple, many children were vomiting and when driver of luxury bus drove the bus in negligent manner and dashed with the claimant. Resultantly, the claimant sustained severe injuries on different parts of the body.

NEUTRAL CITATION C/FA/1257/2018 ORDER DATED: 28/01/2025 undefined

3. Heard learned advocates appearing for the respective parties.

4. In this enhancement appeal, it is argued by learned advocate Mr.Mansuri appearing for the claimant that learned Tribunal failed to consider the aspect that there are several injuries suffered by the minor claimant. He would further submit that totalling disabilities, it would come to disability of 10% body as a whole. Learned advocate Mr.Mansuri referred to the judgment of Master Mallikarjun vs. Divisional Manager, National Insurance Company Limited - 2014 (14) SCC 396, to submit that in view of 10% partial disability, the claimant is entitled to get Rs.1,00,000/- as compensation along with medical expenses of Rs.10,000/- already assessed by the learned Tribunal. He would further submit that in total the claimant is entitled to get compensation of Rs.1,10,000/-. Therefore, he submits to enhance the compensation from Rs.71,000/- to Rs.1,10,000/- with interest.

5. On the other hand, learned advocate Mr.Sunil Parikh for the Insurance Company submits that different disabilities cannot be clubbed together to reach at disability of 24% body as a whole. Learned Tribunal has rightly considered 10% disability. The amount of the compensation may be enhanced in proportion of disability of 10% as per the judgment of Master Mallikarjun (supra).

6. Having heard learned advocates for both sides, at the outset, what could be noticed that weight is given to the submission of learned advocate Mr.Mansuri that 10% permanent partial disability is to be considered for claimant.

NEUTRAL CITATION C/FA/1257/2018 ORDER DATED: 28/01/2025 undefined

7. In view of judgment of Master Mallikarjun (supra), the compensation of Rs.1,00,000/- is to be granted to the claimant and in addition thereto, Rs.10,000/- towards compensation for medical expenses is also granted to the claimant. In total, the claimant is entitled to get compensation of Rs.1,10,000/-. Learned Tribunal has granted compensation of Rs.71,000/-. Therefore, the amount of compensation granted to the claimant is enhanced by Rs.39,000/- with interest at 9% p.a. from the date of petition till realization.

8. For the foregoing reasons, the appeal is partly-allowed. The award is modified to the aforesaid extent.

8.1 The Insurance Company is directed to deposit the enhanced amount Rs.39,000/- with 9% p.a. interest from the date of claim petition till its realization before the concerned Tribunal, within a period of eight weeks from the date of receipt of this order.

8.2 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 claimant, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure.

8.3 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.

8.4 Record and proceedings be sent back to the concerned Tribunal, forthwith.

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