Raval Ramchandrabhai Manabhai vs Vijaykumar Narsigram
2021 Latest Caselaw 18178 Guj

     C/FA/2443/2009                                       ORDER DATED: 07/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2443 of 2009

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                      RAVAL RAMCHANDRABHAI MANABHAI
                                  Versus
                      VIJAYKUMAR NARSIGRAM & 2 other(s)
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Appearance:
MR PARESH M DARJI(3700) for the Appellant(s) No. 1
MR HS MUNSHAW(495) for the Defendant(s) No. 3
MR VC THOMAS(5476) for the Defendant(s) No. 2
RULE SERVED(64) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 07/12/2021

                                ORAL ORDER

1. The present appeal is filed by the claimant for enhancement of the compensation. The appellant original claimant has sustained injury due to accident took place on 16.11.1990, as he was travelling in ST bus from Palanpur to Surat. The appellant preferred Motor Accident Claim Petition No. 575 of 1991 before the Motor Accident Claims Tribunal, Kheda at Nadiad. The Tribunal has partly allowed the claim petition of the appellant vide judgment and award dated 13.03.2009 by awarding Rs. 74,460/- with running interest at the rate of 9%.

2. Considering the facts and the recent judgment 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 Ltd. Vs. Pranay Sethi and others reported in 2017 (3) GLH 536. The present appeal is required

C/FA/2443/2009 ORDER DATED: 07/12/2021

to be allowed and the impugned award is required to be substituted by awarding Rs.85,280/- in furtherance which is awarded by the learned Tribunal.

3. Considering the facts and circumstances and the contentions raised in the appeal, the present appeal is hereby allowed to the extent and the impugned award is substituted by awarding Rs. 85,280/- with running interest at the rate of 9% from the date of petition till the date of realization. The respondent - Insurance Company is directed to deposit the enhanced amount with running interest at the rate of 9% with the Tribunal within a period of eight weeks from the date of receipt of this order.

4. The appeal is partly allowed. No order as to costs.

(HEMANT M. PRACHCHHAK,J) SALIM/