Gujarat High Court
Rekhaben Kanaksinh Kosamiya vs Pragnaben Rajendrasinh Kosamiya on 29 January, 2025
NEUTRAL CITATION
C/FA/2740/2021 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2740 of 2021
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REKHABEN KANAKSINH KOSAMIYA & ANR.
Versus
PRAGNABEN RAJENDRASINH KOSAMIYA & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MR SUNIL B PARIKH(582) for the Defendant(s) No. 2
RULE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/01/2025
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 16.04.2021 passed by the Motor Accident Claims Tribunal, Bharuch in Motor Accident Claim Petition No.130 of 2016.
2. Brief facts of the case are as under:
2.1 On 24.02.2016, deceased was traveling on Scooter No.GJ-
16-BP-7766 as pillion rider and said scooter was driven by opponent no.1 in excessive speed and in rash and negligent manner. When the scooter reached near the place of accident, opponent no.1 lost control over the scooter and because of it, scooter got slipped and as a result, deceased was thrown of on road and sustained injuries and thereafter succumbed to injury.
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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 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 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 Page 2 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:32:02 IST 2025 NEUTRAL CITATION C/FA/2740/2021 ORDER DATED: 29/01/2025 undefined 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. Learned Tribunal has granted compensation of Rs.4,83,000/- by impugned judgment with interest at the rate of 9% per annum from the date of petition till realization in case of death of minor in killer road accident.
7. Following the judgment of Hon'ble Apex Court in the case of Meena Devi v/s. Nunu Chand Mahto [Special Leave Petition (Civil) No.5345 OF 2019], the appeal deserves consideration by enhancing compensation to Rs.5 lakhs and accordingly, it is granted. The claimant in total would be entitled to get compensation of Rs.5 lakhs with interest at the rate of 9% p.a. from the date of petition till realization.
8. Therefore, I hold that the claimant is entitled to get the enhanced compensation of Rs.17,000/- (Rs.5,00,000/- minus Rs.4,83,000/- awarded by learned Tribunal) with 9% p.a. Page 3 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:32:02 IST 2025 NEUTRAL CITATION C/FA/2740/2021 ORDER DATED: 29/01/2025 undefined 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.
9. For the reasons recorded above, the following order is passed.
9.1 The present appeal is partly allowed.
9.2 The Insurance Company is directed to deposit the enhanced amount Rs.17,000/- 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.
9.3 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 claimant, by account payee cheque / NEFT / RTGS, after proper verification and after following due procedure.
9.4 While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.
9.5 Record and proceedings be sent back to the concerned Tribunal, forthwith.
(J. C. DOSHI,J) SATISH Page 4 of 4 Uploaded by SATISH C. VEMULLA(HC00206) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:32:02 IST 2025