Asma Kanubhai Patel vs Taraji Budhaji Mochi [Deleted]
2021 Latest Caselaw 18213 Guj

     C/FA/5334/2006                               JUDGMENT DATED: 08/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 5334 of 2006


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 ?                            No

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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                         ASMA KANUBHAI PATEL
                                 Versus
                TARAJI BUDHAJI MOCHI [DELETED] & 4 other(s)
================================================================
Appearance:
MR HEMANT S SHAH(756) for the Appellant(s) No. 1
DELETED(20) for the Defendant(s) No. 1,3
MS KARUNA V RAHEVAR(3818) for the Defendant(s) No. 5
RULE SERVED(64) for the Defendant(s) No. 2,4
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    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 08/12/2021

                             ORAL JUDGMENT

1. The present appeal is filed by the appellant - original

claimant seeking enhancement of the compensation amount

awarded by the Motor Accident Claims Tribunal, Ahmedabad

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

(hereinafter referred to as "the Tribunal) dated 16.10.2000

passed in M.A.C.P. No.26 of 1992.

2. Brief facts of the present case are that on 20.10.1991 at

about 2.00 p.m., the claimant, as a pillion rider was going on

Luna bearing registration No.GJ-1-B-5240, which was driven by

opponent No.3 from Memnagar Fire Station to Ishwar Bhuvan

and when they reached near Shama Flats Cross Roads, at that

time opponent No.1 came driving his Truck No.GRT-6380 in rash

and negligent manner and came from Sharda School from North

to South whereas the appellant was going from West to East, the

accident took place at Cross Roads, as a result of which, the

claimant sustained serious injuries. The claimant was treated as

indoor patient in the hospital for about one month and was

operated for her injured legs. The claimant has sustained

permanent disability. Hence, the claimant had preferred

M.A.C.P. No.26 of 1992, which came to be partly allowed by the

Tribunal vide order dated 16.10.2000 and awarded

compensation of Rs.1,10,250/- as against her claim of claiming

Rs.6,60,000/-.

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

3. Heard Mr.Hemant Shah, learned counsel appearing for the

appellant and Ms.Karuna Rahevar, learned counsel appearing for

the respondent - Insurance Company. Though served,

respondents No.2 and 4 have chosen not to appear before the

Court. The respondents No.1 and 3 are deleted as per the order

dated 12.02.2016 passed in Civil Application No.1296 of 2016 in

First Appeal No.5334 of 2006.

4. Mr. Hemant Shah, learned counsel appearing for the

appellant has submitted that the Tribunal has committed serious

error of facts and law by not considering the future prospective

loss of income in its true and perspective spirit. He has

submitted that the Tribunal has not considered the nature of

injuries, extent and duration of treatment, consequential

disability. He has submitted that looking to the evidence of

Dr.Naresh Khandwala at Exhibit 31, it appears that on account of

the injuries, the appellant has suffered 49.84% disablement for

left leg and 24.94% for body as a whole. He has submitted that

the Tribunal has observed in the award that the appellant is able

to earn Rs.15,000/- per year only, however, it has materially

erred in giving 25% only. He has submitted that the Tribunal

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

ought to have considered 25% of Rs.8,000/- i.e. Rs.2,000/- p.m. x

12 x 15 = Rs.3,60,000/- as future economic loss. He has

submitted that the Tribunal has erred in awarding Rs.20,000/-

towards pain, shock and suffering, Rs.2500/- towards medical

expenses, Rs.25,000/- towards loss of amenities, Rs.5,000/-

towards special diet and transportation charges and Rs.1,500/-

towards attendant charges.

5. Ms.Karuna Rahevar, learned counsel appearing for the

respondent - Insurance Company has submitted that the

Tribunal has not committed any error in passing the impugned

judgment and award. She has submitted that since, the

impugned judgment and award is just and proper, no

interference is required by this Court. She prays for dismissal of

the appeal and prays for confirmation of the impugned judgment

and award.

6. I have considered the submissions canvassed by the

learned counsel appearing for both the parties and record and

proceedings and perused the materials placed on record. It

appears from the record that the claimant is a young lady and

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

when she met with an accident at that time she was aged about

13 years. Considering the decisions of the Hon'ble Apex Court in

the case of Sarla Verma and others Vs. Delhi Transport

Corporation and another, (2009) 6 SCC 1211, National

Insurance Company Limited Vs. Pranay Seti and others,

2017 (3) G.L.H. 536 and Kajal Vs. Jagdish Chand and

others, AIR 2002 SC 776, I am of the considered view that the

appeal requires to be allowed and the impugned judgment and

award requires to be substituted by enhancing the amount of

compensation. Now, considering the disablement of the

claimant, the scope of marriage is also lost and, therefore, the

compensation is required to be redetermined as under:-

Future loss of income                                      Rs.2,02,500/-
Pain, shock and suffering                                  Rs.1,00,000/-
Medical expenses,                                          Rs. 20,000/-
Special diet and transportation charges, and               Rs.1,00,000/-
attendant charges.
Loss of amenities                                          Rs.1,00,000/-
Total Amount                                               Rs.5,57,500/-
Less: Compensation awarded by the Tribunal                 Rs.1,10,250/-
Additional amount of compensation                          Rs.4,12,250/-

Accordingly, a sum of Rs.4,12,250/- requires to be awarded

toward future loss of income, which is just and reasonable

compensation and the same is awarded in substitution to

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

Rs.1,10,250/- awarded by the Tribunal. The compensation of

Rs.4,12,250/- 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 reasons aforestated, I proceed to pass following order.

(i)       Appeal is partly allowed.



(ii)      Judgment and award passed dated 16.10.2000 passed by

the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P.

No.26 of 1992 is hereby modified and in substitution to what has

been awarded by the Tribunal a sum of Rs.4,12,250/- with

interest at the rate of 6% per annum is awarded which shall be

from the date of petition till date of payment or deposit

whichever is earlier.

(iii) The insurance company is directed to deposit enhanced

amount with running interest at the rate of 6% as early as

possible within an outer limit of eight weeks from the date of

receipt of certified copy of this order.

C/FA/5334/2006 JUDGMENT DATED: 08/12/2021

(iv) Once the amount of compensation would be deposited,

30% of the awarded amount be paid to the claimant by way of

issuing account payee cheque and remaining 70% of the

awarded amount to be kept in Fixed Deposit in the name of the

claimant since the claimant become major and she is entitled to

get the accrued interest on the Fixed Deposit on every quarter.

The Court fees on enhanced compensation amount to be paid

before the Tribunal at the time of disbursement and withdrawal

of the amount.

Record and proceedings be sent back to the concerned

Tribunal forthwith.

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