Vijaybhai Ghanshyambhai Parmar ... vs Gujarat State Road Transport ...
2021 Latest Caselaw 18112 Guj

     C/FA/154/2010                                JUDGMENT DATED: 06/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 154 of 2010


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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1    Whether Reporters of Local Papers may be allowed                   No
     to see the judgment ?

2    To be referred to the Reporter or not ?                            Yes

3    Whether their Lordships wish to see the fair copy                  No
     of the judgment ?

4    Whether this case involves a substantial question                  No
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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         VIJAYBHAI GHANSHYAMBHAI PARMAR THROUGH HEIRS
                             Versus
           GUJARAT STATE ROAD TRANSPORT CORPORATION
================================================================
Appearance:
MR MTM HAKIM(1190) for the Appellant(s) No. 1,1.1,1.2
MR DEVANG BHATT FOR MR HS MUNSHAW(495) for the Defendant
================================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 06/12/2021

                             ORAL JUDGMENT

1. This is a claimants' appeal calling in question to

correctness and legality of the judgment and award passed by

the Motor Accident Claims Tribunal (Aux.), Vadodara (hereinafter

C/FA/154/2010 JUDGMENT DATED: 06/12/2021

be referred to as "the Tribunal") in M.A.C.P. No.1354 of 1994

dated 21.01.2009 whereunder claim petition filed has been

allowed in part and a total compensation of Rs.17,663/- with

interest at the rate of 7.5% has been awarded as against the

claim of Rs.3,00,000/-.

2. Facts in brief which has led to filing of this appeal are that

original claimant - Vijaybhai Ganshyambhai Parmar while

proceedings in his scooter bearing registration No.GJ-6-D-397

from his shop to house, an oncoming S.T. Bus, which was driven

by the driver in rash and negligent manner, dashed behind his

scooter, as a result of which, he sustained accidental injuries in

the said accident. Hence, M.A.C.P. No.1354 of 1994 came to be

filed by the claimant seeking compensation. The Tribunal after

evaluating the pleadings and evidence tendered by the parties

as noticed hereinabove awarded total compensation of

Rs.17,663/- under all heads.

3. Heard Mr.MTM Hakim, learned counsel appearing on behalf

of the appellants - original claimants and Mr.Devang Bhatt,

learned counsel appearing for Mr.H. S. Munshaw, learned counsel

C/FA/154/2010 JUDGMENT DATED: 06/12/2021

for the respondent - Corporation.

4. Mr.MTM Hakim, learned counsel appearing on behalf

of the appellants - original claimants has submitted that the

Tribunal has committed an error in awarding the compensation

of Rs.17,663/- as against the claim of Rs.3,00,000/-. He has

submitted that the original claimant was doing the business and

having agricultural land in Surandranagar District and the

Tribunal ought to have considered the income of Rs.80,000/- per

annum and then prospective rise of income while computing

quantum of compensation to be awarded under the head of

future loss of income. He has submitted that the Tribunal ought

to have considered the multiplier of 17 considering the age of

the deceased at the time of accident. He has submitted that the

impugned award is required to be modified.

5. Mr.Devang Bhatt, learned counsel appearing for Mr.H. S.

Munshaw, learned counsel for the respondent - Corporation has

supported the impugned judgment and award passed by the

Tribunal and in support of his submissions, he has submitted that

the Tribunal has rightly appreciated the income of the claimant

C/FA/154/2010 JUDGMENT DATED: 06/12/2021

and compensation awarded under the different heads and,

therefore, there is no reason to interfere with the impugned

judgment and award.

6. I have perused the evidence on record, FIR at Exhibit 30,

panchnama of place of occurrence at Exhibit 31, medical papers

at Exhibit 33 to 34 and other documentary evidence. It appears

that the original claimant died after seven years from the date of

accident and, therefore, his legal heirs are brought on record and

they have claimed compensation to that effect. As per the

decisions of the Hon'ble Apex Court in the case of Sarla Verma

Vs. Delhi Transport Corporation, reported in (2009) 6 SCC

121 and National Insurance Company Limited Vs. Pranay

Sethi and others, reported in 2017 (3) G.L.H 536, it is the

case of personal injury. In the present case, the injured has

sustained permanent and partial disablement and, therefore, it is

evident from the judgment and award that the Tribunal has

committed serious error of facts and law by awarding the

amount of compensation. Hence, considering the facts and

circumstances of the case, I am of the view that the present

appeal deserves to be allowed and the amount of compensation

C/FA/154/2010 JUDGMENT DATED: 06/12/2021

deserves to be enhanced. The just and proper compensation is

accordingly redetermined as under:

Future loss of income (Rs.50,000/- p.a. x 45% Rs.3,60,000/- disability = Rs. 22,500/- x 16 multiplier) + Pain, shock and suffering, loss of amenities of life, Rs. 20,000/- special diet, attendant charges and transportation charges.

Rs.3,80,000/-

- Towards negligence of the claimant awarded by the Rs. 95,000/- Tribunal Rs.2,85,000/-

- Compensation awarded by the Tribunal Rs. 17,663/-

Total Amount Rs.2,67,337/-

Accordingly, a sum of Rs.2,67,337/- requires to be awarded

towards future loss of income, which is just and reasonable

compensation and the same is awarded in substitution to

Rs.17,663/- awarded by the Tribunal. The compensation of

Rs.2,67,337/- is to be awarded along with the interest at the rate

of 6% from the date of application till realization of the amount.

7. For the reasons aforestated, I proceed to pass the following

order.

(i)     The appeal is partly allowed.






         C/FA/154/2010                             JUDGMENT DATED: 06/12/2021



(ii)      The judgment and award passed by the Tribunal in M.A.C.P.

No. 1354 of 1994 dated 21.01.2009 is hereby modified and in

substitution to what has been awarded by the Tribunal a sum of

Rs.2,67,337/- with interest at the rate of 6% per annum is

awarded which shall be form the date of petition till the date of

payment or deposit whichever is earlier.

(iii) The apportionment and order for deposit as made by the

Tribunal in paragraph no.9 of the operative portion of the order

shall hold good for the substituted award. The Corporation is

directed to deposit the compensation amount expeditiously at

any rate within an outer limit of eight weeks from the date of

receipt of certified copy of this order.

Record and proceedings be sent back to the concerned

Court, forthwith.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL