Gujarat High Court
Minor Lakshmiben Nareshbhai vs Anand Kanubhai Upadhyay on 2 May, 2025
NEUTRAL CITATION
C/FA/990/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 990 of 2025
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MINOR LAKSHMIBEN NARESHBHAI
Versus
ANAND KANUBHAI UPADHYAY & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
MANDEEP SINGH SALUJA(8791) for the Defendant(s) No. 3
NOTICE UNSERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 02/05/2025
ORAL ORDER
1. Heard learned advocate Mr. Nishit A. Bhalodi for the appellant and learned advocate Mr. Mandeep Singh Saluja for respondent No.3. Notice of this Court could not be served upon respondent Nos.1 and 2. Perused the record.
2. The challenge in the present appeal is with regard to the judgment and award dated 29.7.2022 passed by learned Motor Accident Claims Tribunal (Aux), Ahmedabad (Rural) in M.A.C.P. No.1379 of 2015.
3. The facts in brief of the case are as under: Page 1 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025
NEUTRAL CITATION C/FA/990/2025 ORDER DATED: 02/05/2025 undefined * On 19.4.2015 at about 10.00 pm, the minor applicant was going to throw garbage near wall of BSNL office and while returning, she was crossing the road. At that time, opponent No.1 came in Taxi bearing registration No.GJ-1DX-1479 in full speed and in rash and negligent manner and dashed with the minor. Resultantly, minor sustained severe fracture injuries. * The minor claimant through her father and natural guardian filed a claim petition before the learned Motor Accident Claims Tribunal claiming compensation of Rs.2,50,000/- from the opponents. Opponents were served with the notice of claim petition. Opponent No.1 was deleted vide Exh.16. Opponent No.2 - owner of the offending vehicle appeared and filed Written Statement at Exh.14 while opponent No.3 - insurance company of the offending vehicle appeared and filed Written Statement at Exh.10 and denied its liability. Issues were framed.
* Examination in chief of the father of minor was Page 2 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025 NEUTRAL CITATION C/FA/990/2025 ORDER DATED: 02/05/2025 undefined recorded at Exh.23 and produced documentary evidence such as FIR, RC Book, Panchnama, Driving license, disability certificate and other documents in support of claim petition.
* After considering the evidence on record and considering the submissions, learned Tribunal partly allowed the claim petition by awarding compensation of Rs.52,500/- with interest @ 9% p.a. from the date of application till realisation.
* Being aggrieved and dissatisfied with the impugned judgment and award - the appellant - original claimant has filed this appeal.
4. Learned advocate for the appellant has submitted that the age of the minor at the time of accident was 9 years and considering the disability certificate issued by Dr. H. P. Maniar, minor sustained disability @ 23.80% of left leg upper limb. However, with consent, the disability was reduced upto 10% - body as a whole. However, learned tribunal has awarded meager compensation of Page 3 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025 NEUTRAL CITATION C/FA/990/2025 ORDER DATED: 02/05/2025 undefined Rs.22,500/- under the head of future loss of income. It is submitted that learned tribunal ought to have granted Rs.1,00,000/- under the head of Pain, Shock and Suffering on account of permanent disability. Reliance is placed upon the decision of Hon'ble Apex Court in the case of Mallikarjun v. Divisional Manager, National Insurance Co. Ltd. (SLP No.1976 of 2012). Except the above submissions, no other submissions are made.
5. Per contra, learned advocate for respondent - Insurance Company has supported the judgment and award and submitted that learned Tribunal has rightly considered the evidence on record and awarded just and reasonable compensation. Rest of the award passed by the learned Tribunal does not require any interference looking to the facts and circumstances of the case.
6. I have considered the submissions canvassed by learned advocates for the respective parties and perused the impugned judgment and award. Undisputed fact which is coming on record is that on the date of accident, the age of the victim was 9 years and because of vehicular Page 4 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025 NEUTRAL CITATION C/FA/990/2025 ORDER DATED: 02/05/2025 undefined accident, she sustained injuries which is supported by the disability certificate issued by Dr. H. P. Maniar Exh.39. With consent, the disability was reduced from 23.80% to 10% - body as a whole. However, learned tribunal did not consider the question of compensation in cases of minor. The issue involved in the present appeal is no more res integra in the decision of Master Mallikarjun (Supra). Paragraph No.12 is reproduced hereunder for the sake of convenience.
"12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant etc. should be, if the disability is above 10% and upto 30% to the whole body, Rs.3,00,000/-, upto 60%, Rs.4,00,000/- upto 90%, Rs.5,00,000/- and above 90%, it should be Rs.6,00,000/- for permanent disability upto 10%, it should be Rs.1,00,000/-."
7. In view of the above facts and circumstances, the claimant/s is/are entitled to following amount of compensation under the different heads:
Sr. Name of the Head Compensation
No. Amount
(In Rs.)
Page 5 of 7
Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025
NEUTRAL CITATION
C/FA/990/2025 ORDER DATED: 02/05/2025
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1 Future loss of Income & Pain
Shock and Suffering 1,00,000/-
2. Spl Diet, Attendant Charges & 10,000/-
Transportation Charges
3. Medical Expenses 10,000/-
Total Compensation 1,20,000/-
(-) Awarded Amount 52,500/-
Enhanced Amount 67,500/-
Interest @ 9%
8. Therefore, total amount of compensation would come to Rs.1,20,000/- is required to be awarded with interest accrued thereon from the date of claim petition till its realisation, which would meet the ends of justice. It is pertinent to note that learned Tribunal has awarded Rs.52,500/- to the claimant, therefore, Rs.67,500/- (Rs.1,20,000/- - Rs.52,500/-) is required to be awarded with 9% p.a. interest.
9. For the reasons recorded hereinabove, the following order is passed:
[A]. The present appeal is partly allowed accordingly in above terms.
[B]. The Insurance Company is directed to deposit the enhanced amount Rs.67,500/- with Page 6 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025 NEUTRAL CITATION C/FA/990/2025 ORDER DATED: 02/05/2025 undefined 9% p.a. interest from the date of claim petition till its realisation before the concerned Tribunal, within a period of four weeks from the date of receipt of this order.
[C]. 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' / RTGS / NEFT', after proper verification and after following due procedure.
[D]. While making the payment, the Tribunal shall deduct the Courts fees, if not paid, in accordance with the Rules.
[E]. Record & Proceedings, if any, be sent back to the concerned Tribunal, forthwith.
(D. M. DESAI,J) vk Page 7 of 7 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue May 06 2025 Downloaded on : Tue May 06 23:42:00 IST 2025