Gujarat High Court
Ramdulare Chhaidi Chaudhari Yadav vs Milanbhai Rameshbhai Vora on 23 July, 2025
NEUTRAL CITATION
C/FA/1960/2011 ORDER DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1960 of 2011
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RAMDULARE CHHAIDI CHAUDHARI YADAV
Versus
MILANBHAI RAMESHBHAI VORA & ORS.
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MR. RADHESH Y VYAS(7060) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 3
MR GC MAZMUDAR(1193) for the Defendant(s) No. 4
MR HG MAZMUDAR(1194) for the Defendant(s) No. 4
MR MANISH J PATEL(2131) for the Defendant(s) No. 1
MS KRUPALI BHATT for the Defendant(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 23/07/2025
ORAL ORDER
1. At the outset, it is noted that Ms. Krupali Bhatt has instructions to appear in place of Mr. Nagesh C Sood, learned advocate appearing for respondent no.2 and Vakalatnama has been filed by her. Therefore, Registry is directed to reflect the Vakalatnama of Ms. Krupali Bhatt, learned advocate appearing for respondent no. 2 in the present matter.
2. The present First Appeal arises from the judgment and award dated 03.10.2009 passed in MACP No. 916 of 1999 by the learned Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No.1, Bhavnagar.
3. Vide the said judgment and award, the said claim petition was partly allowed and the Tribunal was pleased to award Page 1 of 5 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:30 IST 2025 NEUTRAL CITATION C/FA/1960/2011 ORDER DATED: 23/07/2025 undefined a compensation to the tune of Rs.1,85,200/ to the applicant with interest at the rate of 9% from the date of the filing of the claim petition till March-2001 and thereafter, at the rate of 7.5% till actual realization recoverable from the opponents, jointly and severally.
4. The accident in question was happened on 08.10.1999. On the fateful day, the appellant was coming from Sihor to Bhavnagar on a scooter bearing registration no. GJ-4-L- 1545 as pillion rider and on his way, a Tata Sumo bearing registration no. GJ-1-BK-2039 came from behind and dashed on to the scooter thereby causing injuries to the appellant.
5. By way of the present appeal, the concerned appellant has prayed that the Tribunal may enhance the compensation to the tune of Rs. 2,50,000/- along with the interest at the rate of 12%. No other appeal from any of the original opponents including either of the insurance companies has been preferred in the matter.
6. Heard learned advocates for the respective parties.
7. Learned advocate Mr. Radhesh Vyas, appearing for the appellant, has submitted that in the present matter, the Tribunal has erred materially in applying the appropriate multiplier considering the age of the appellant.
8. It was also submitted that the applicant's monthly income was considered on lower side and that in the interest of Page 2 of 5 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:30 IST 2025 NEUTRAL CITATION C/FA/1960/2011 ORDER DATED: 23/07/2025 undefined justice, that also may be revised to an amount of Rs. 10,000/- per month.
9. 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 reject the appeal.
10. As such the Motor Vehicles Act, 1988, is a beneficial piece of Legislation. And it is the awarding of compensation in an attempt to place the victim (or the legal representatives of such victim) in a position, as close as possible to the original position, financially or otherwise, as they were before the accident. And the same is subject to intrinsic limitation that financial help, in the nature of compensation, cannot restore the loss of life or such other pain, endured by the victims of road accident. On the other hand, such compensation cannot possibly so high that it results in willful benefits to the victim (or, the legal representatives of the victim). It is within these confines that the Tribunal and this Court (the Appellate Court) is to consider award of compensation.
11. Considering the submissions made by the rival parties and perusing the record and proceedings of the Tribunal, it transpires from the record that it is a fit case to grant enhanced compensation under the head of "Global Compensation" of Rs.20,000/- to the claimant.
12. Therefore, I hold that the appellant is entitled to get the Page 3 of 5 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:30 IST 2025 NEUTRAL CITATION C/FA/1960/2011 ORDER DATED: 23/07/2025 undefined enhanced compensation of Rs.20,000/- with 8% 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.
13. For the reasons recorded above, the following order is passed.
13.1. The present appeal is partly allowed.
13.2. The Insurance Company is directed to deposit the enhanced amount Rs.20,000/- with 8% 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.
13.3. 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.
13.4. While making the payment, the Tribunal shall deduct applicable court-fees, if not paid, in accordance with rules/law.
13.5. Record and proceedings be sent back to the concerned Tribunal, forthwith.
FURTHER ORDER:
Page 4 of 5 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:30 IST 2025NEUTRAL CITATION C/FA/1960/2011 ORDER DATED: 23/07/2025 undefined
1. In terms of the Order dated 12.02.2025 of this Court, this Court was pleased to ask the explanation of the High Court Legal Services Committee as to why despite giving sufficient opportunities and time, arrangements for replacing the learned advocate Mr. Vipul Shah was not made at the relevant point in time.
2. Pursuant to the said Order dated 12.02.2025, the Secretary, High Court Legal Services Committee has tendered an explanation dated 19.02.2025, inter-alia, stating that on verification of the docket papers, it was discovered that due to inadvertent mistake, High Court Legal Services Committee had failed to make necessary arrangements, and therefore, immediately, the matter was alloted to learned advocate Mr. Radhesh Vyas and the said advocate has thereafter made an appearance as has been reflected in the Order dated 12.02.2025. From the explanation, it also transpires that the mistake was not a deliberate but was a bona-fide mistake. Additional reason, tendered as explanation in the aforesaid explanation was the excessive workload with the Secretary, High Court Legal Services Committee. Looking to the overall tenor of explanation, this Court is inclined to accept the said explanation and hence the concerned explanation is ordered to be filed.
(J. L. ODEDRA, J) JIGAR J RABARI Page 5 of 5 Uploaded by MR.JIGAR JIVANBHAI RABARI(HCD0067) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:32:30 IST 2025